“Children have the right to feel safe.”

Nicola Killean, Children and Young People’s Commissioner Scotland, said: “I’m deeply concerned about the findings from the Mental Welfare Commission into the care of children at Melville Unit, which highlight potential rights breaches including the safe and lawful use of restraint.

“Following on from the BBC Disclosure documentary on Skye House in February, this is further worrying evidence about the use of restraint on children living in some of the most vulnerable situations. Alongside partners, I have been raising my concerns with the Scottish Government about the use of restraint on children in Scotland’s mental health provision for over two years.  

“This summer, my office carried out a freedom of information request to health boards and found that there is significant inconsistency in the existence and content of policies governing restraint and seclusion of children in mental health units at health board level. Those policies that did exist did not mention the UNCRC, and we found that there has been a concerning trend of increasing use of restraint over the last three to four years.

“On 7 October, I wrote to the Scottish Government seeking specific commitments to strengthen the legal protections in this area, and warning that I would take legal action should those commitments not be made.  

“I am pleased that the Scottish Government has now confirmed that it will revise the statutory code of practice to include human rights-based guidance and put in place mandatory recording and reporting of restraint and seclusion. I have also been given assurances that it will designate the Mental Welfare Commission as the appropriate monitoring body. These steps must be taken urgently to protect children from harm.  

“Children have the right to protection from all forms of abuse or harm, in all aspects of their lives. Children have the right to feel safe. They have a right to dignity, to bodily integrity, and to be protected from cruel, inhuman or degrading treatment.  

“My office continues to engage in active discussions with the Scottish Government in order to ensure its legal human rights obligations to these children are met.”