Proper recording and monitoring needed
Commissioner’s investigation finds worrying data gaps in police use of force against children
Children in Scotland are being subjected to police use of force without proper recording and monitoring, according to a new report.
The Children and Young People’s Commissioner investigated how often police had used force against children like Tasers, incapacitating spray, spit hoods, bite guards, strip searches, and “empty hand” techniques which include punches and kicks.
But worryingly vital aspects of the data were missing – meaning Police Scotland’s policies and practice can’t be properly scrutinised.
Gaps included no recording of whether a child has a disability, unless related to Taser use. Most records also lack specific details of a child’s age.
This is particularly concerning as children may be at greater risk of harm from the use of force due to their size or stage of development, while specific groups of children may have additional vulnerabilities that place them more at risk.
The Commissioner is calling for an immediate end to police using Tasers or PAVA (incapacitating spray) on children in custody settings, and further work by Police Scotland to restrict the use of both.
Commissioner Nicola Killean used her legal powers of investigation to review Police Scotland data from 2023-24, prompted by concerning published information by the Scottish Police Authority (SPA) about the number of incidents involving children. Her report discovered Police Scotland’s figures didn’t match those published by the SPA, and Police Scotland couldn’t always provide detailed data because of its disconnected recording systems. This leaves children vulnerable to potentially traumatic experiences without the safety of review.
The report also found:
- Taser was used 43 times against children – 16 of which against children with mental health cited as a factor, 12 against care experienced children, and ten against learning disabled or autistic children.
- There were 262 incidents of a child being strip searched in police custody.
- There were spit hoods and bite guards used on children 148 times, with 32 occasions taking place in custody settings.
- “Empty hand” techniques and strikes were used 1,313 times, including 641 times for restraint, 97 times as a strike, and 539 times to “takedown” a child.
- Evidence that highlighted the serious harm that some use of force can cause, including the risk of suffocation and/or death.
The Commissioner said: “When children come into contact with the police, for whatever reason, they should be treated first and foremost as children.
“The police play an important role in maintaining public order and keeping people safe. Although there are some occasions when police will have to use force against a child, to keep the child or others safe, this must always be done using a rights-based approach.
“Every statistic is a real child who may have had a traumatic experience of being struck, or strip searched, or even Tasered. We must record details of the incident, and of the child – for example, their age, their ethnicity, their sex, and if they are disabled. Without recording and monitoring more thoroughly, Police Scotland can’t identify and address if some groups of children are being impacted more than others.”
Nick Hobbs, Head of Legal at the Children and Young People’s Commissioner Scotland, said: “Human rights standards require proper recording and monitoring to ensure the protection of children’s rights. This includes being able to identify and take account of groups who may be particularly vulnerable so the impact of policies, guidance, training and practice can be properly scrutinised and reviewed where necessary.
“Our investigation helps all those responsible for children in conflict with the law to respect their rights. We look forward to the implementation of our recommendations to ensure that the rights of all children in contact and conflict with the law are respected, protected and fulfilled.”
The Commissioner has made 21 recommendations in her report. These include:
- Police Scotland and the SPA should identify the cause of inaccurate reporting, address it, and make sure it’s accurate.
- Police Scotland and Police Investigation and Review Commissioner (PIRC) should ensure data held on use of PAVA and Taser is accurate and consistent.
- Police Scotland should record data on disability, age, ethnicity, and sex, for all uses of force against children, in one accessible place.
- Police Scotland should immediately stop the use of Taser and PAVA spray in custody settings.
- An independent working group should be established to support Police Scotland to review guidance and training against relevant human rights standards, in particular the UN Convention on the Rights of the Child (UNCRC).
- Police Scotland should work with the Scottish Government to make sure they have necessary resources to improve recording and reporting on data.
Nick Hobbs, Head of Legal, is available for interview. Please email bids to media@cypcs.org.uk