Letter warns Scotland’s “patchwork” approach leaves children at risk

The Children and Young People’s Commissioner has called on the Scottish Government to commit to a unified statutory framework regulating the use of restraint and seclusion on children across all state care and education settings.

In a joint letter addressed to several Cabinet Secretaries and Ministers, Commissioner Nicola Killean, together with the Scottish Human Rights Commission, The Promise Scotland, and the Equality and Human Rights Commission, expressed deep concern over the Scottish Government’s refusal to implement an overarching legal framework. The signatories emphasised that the current “patchwork” approach leaves vulnerable children at risk of harm and undermines Scotland’s commitment to protecting children’s rights.

The letter states:

“We are disappointed with the response from Scottish Government, which gives little assurance that the current siloed approach to policy and law-making will change. As we have noted before, children do not experience their lives in conveniently (for adults) delineated and distinct policy areas. As Ministers are aware, the promise, which received cross-party support, commits Scotland to being a nation that strives to no longer restrain its children”.

The letter also highlighted concerns about gaps in legal protection, particularly regarding secure care education:

“We note that there is currently therefore no legal protection, notification provision or proportionate external scrutiny of restraint in secure education. Given the vulnerability of this group of children and young people, we are deeply concerned that the level of legal protection for a child in secure accommodation depends entirely on whether restraint takes place in the care or education part of the secure estate.”

The signatories referenced a recent BBC Disclosure documentary exposing a “culture of cruelty” at Skye House, which revealed excessive use of restraint, reinforcing the urgency for legal reform. They also criticised the slow progress in implementing recommendations from the Mental Health Law Review, stating: “Progress in addressing the Review’s recommendations has been extremely slow. This must now change.”

To address these concerns, the letter called on the Scottish Government to:

• Set up a short-life legal working group to develop a model for provisions which could be applied across different pieces of legislation. This to be done in time to inform the content of all relevant legislation.
• Support the principles of Daniel Johnson MSP’s Members Bill.
• Include specific provisions on reporting and notification of restraint, and inspections within the Education (Scotland) Bill.
• Confirm that provisions on restraint and seclusion will form part of the Promise Bill.
• Accelerate work on the legislative elements of the response to the Mental Health Law Review.

The letter concludes by urging the Scottish Government to coordinate work across policy areas and legislative teams to create a cohesive approach to restraint and seclusion.

The joint letter calls for a response from the Scottish Government by 14 March 2025, urging ministers to take decisive action to end systemic failings that leave children at risk of harm.