This section relates to children who are on the edges of secure care and are experiencing extreme vulnerabilities, needs and risks in their lives.
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I am fully involved and influence the decisions and plans about my care and support in a way that works for me. These decisions involve the people who are important to me.
My needs are met by appropriate supports in the community which are right for me and the people who are important to me. These supports help keep me and others safe and prevent my liberty from being restricted.
I am offered specialist support which helps me, and people looking after me, make sense of the difficulties I have experienced. I get the mental and physical health care I need, as and when I need it.
The professionals supporting me understand the impact of any trauma and difficulties I have experienced and they respond to my needs and behaviours sensitively.
I am involved and influence any discussions about potentially restricting my liberty and any decision to recommend secure care in a way that works for me.
I am fully prepared for, and understand, the possible outcomes of any meeting, Children’s Hearing or court proceedings.
I benefit because the people making decisions about me at any meeting, Children’s Hearing or court proceedings fully consider the law and all community based options.
I know and feel confident that at any meeting, Children’s Hearing or court proceedings my rights, needs, views and any risks of harm for me and others are fully considered.
I have access to the legal advice, representation and high quality independent advocacy I need before, during and after any decision making process about restricting my liberty.
I understand my rights, including any right to appeal the decision to restrict my liberty.
I fully understand the reasons for any decision to restrict my liberty. These reasons and my views are reflected sensitively in my Child’s Plan and any records or reports, in a way which helps me understand.
I know what my rights are and how these will be upheld during my stay in secure care. These rights are explained to me by someone I know and trust before my stay begins.
I know the details of where I will stay and I have access to information which explains daily life there. Every effort is made to enable me to visit before going to stay.
Further information about this stage
Legislation, policy and guidance
Links to relevant legislation, policy and guidance for this stage of a child’s journey:
- United Nations Convention on the Rights of the Child
- Children (Scotland) Act 1995
- Criminal Procedure (Scotland) Act 1995
- Mental Health (Care and Treatment) (Scotland) Act 2003
- Education Support for Learning (Scotland) Act 2004 (as amended 2009)
- Children’s Hearings (Scotland) Act 2011
- Children and Young People (Scotland) Act 2014
- Public Bodies (Joint working) (Scotland) Act 2014
- Criminal Justice (Scotland) Act 2016
- Curriculum for Excellence
- GIRFEC (Getting It Right for Every Child)
- Whole System Approach
- The Role of Chief Social Work Officer Guidance Issued by Scottish Ministers pursuant to Section 5(1) of the Social Work (Scotland) Act 1968
- Scotland’s Children The Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities
- Supporting Children’s Learning: Statutory Guidance on the Education (Additional Support for Learning) Scotland Act 2004 (as amended)
- The Looked After Children (Scotland) Regulations 2009
- Guidance on the Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007
- The Secure Accommodation (Scotland) Regulations 2013
- The Children’s Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013
- Good Practice Guidance The Children’s Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013
- Statutory guidance on Part 9 (Corporate Parenting) of the Children and Young People (Scotland) Act 2014
- Mental Health Strategy 2017-2027
- Children and Young People (Scotland) Act 2014 Statutory Guidance on Part 3: Children’s Services Planning – Second Edition 2020
- Care Inspectorate A quality framework for children and young people in need of care and protection
- Centre for Youth & Criminal Justice A Guide to Youth Justice in Scotland: policy, practice and legislation
- Centre for Youth & Criminal Justice Routes to secure care
- Children’s Hearings System National Standards for the Children’s Panel
- Children’s Hearings System Practice and Procedure Manual
- Guidance on Health Assessments for Looked After Children in Scotland
- Healthcare Standards for Children and Young People in Secure Settings (Royal College of Paediatrics and Child Health)
- Movement restriction conditions in the children’s hearing system: guidance
- NHS Education for Scotland National trauma training framework
- NHS Education Scotland Transforming Psychological Trauma: A Skills and Knowledge Framework for The Scottish Workforce
- Quality Network for Community CAMHS/Royal College of Psychiatrists Sample Service Standards Extracted from the 5th Edition Standards
- Scottish Children’s Reporter Administration (SCRA) Secure Accommodation
- SCRA Secure Accommodation Information for young people
- Scottish Government Custody of convicted children and young people: practice guidance
- Scottish Government Framework for Risk Assessment Management and Evaluation (FRAME) for Local Authorities and partners For Children and Young People under 18 Young People Who Offend (Managing High Risk and Transitions)
- Scottish Government National Outcomes and Standards for Social Work Services in the Criminal Justice System Criminal Justice Social Work Reports and Court-based Services Practice Guidance
- Scottish Government Preventing offending: getting it right for children and young people
- Scottish Government Rights Information for young people who are looked after in secure care (Scotland)
- Scottish Government Trauma-informed practice: A Toolkit for Scotland
- Scottish Social Services Council Code of Conduct
- UN Committee on the Rights of the Child General comment No. 12 The right of the child to be heard
- UN Committee on the Rights of the Child General comment No. 24 Children’s rights in the justice system
- Youth and Criminal Justice in Scotland: The young person’s journey
- Journey through Justice