Children (Care and Justice) (Scotland) Act 2024 ECSPB
Renfrewshire Council · 22 August 2024
Back to Education and Children's Services Policy Board — 22 August 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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1 _______________________________________________________________ To: Education and Children’s Services Policy Board On: 22 August 2024 ___________________________________________________________________ Report by: Director of Children’s Services ___________________________________________________________________ Heading: Children (Care and Justice) (Scotland) Act 2024 ___________________________________________________________________ 1. Summary 1.1 The Care and Justice (Scotland) Act received Royal Assent on 4 June 2024. As part of wider work to embed the United Nations Convention on the Rights of the Child in law and to Keep the Promise, it contains a series of measures to improve children’s experiences of the care and justice systems, whether victims, witnesses or children who have caused harm. 1.2 The Act makes some significant changes to the laws and regulations in relation to the care of children and their involvement in both the children’s hearing system and criminal justice systems. It is anticipated this will have future implications for Renfrewshire Council to meet its statutory duties within the Act following the announcement of commencement dates. 1.3 A fundamental change is its amendment to section 199 of the Children’s Hearing (Scotland) Act 2011 to now define a “child” as anyone under 18 years old. This will mean anyone under 18 years can be referred to the Reporter to the Children’s Hearing where there are concerns for the child’s care or welfare. This change will enhance Scotland’s compliance in delivering the United Nations Charter on the Rights of the Child. 1.4 Although some provisions of the new Act came into force immediately after 4 June most provisions will only come into force on such day as the Scottish Ministers may appoint. The Scottish Government is currently considering a commencement plan. It is generally anticipated this will occur between 2025 /2026. Sequencing with wider national policy development will influence the timescales of the Act’s
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2 implementation, as will further exploration and consideration of the requirements of the changes and consequent resource implications and across Scotland. ___________________________________________________________________ 2. Recommendations 2.1. The Board is asked to note the new legislation within the contents of the report and if required, note that an updated report will be brought to the Board where there are future implications for policy, resources or practice. _________________________________________________________ 3. Background 3.1. The definition of a child changing to anyone under 18 years old is a landmark change. Currently, with some exceptions, young people who are not already involved with the Children’s Hearing system by their sixteenth birthday are managed and supported within adult legislation, systems and processes. This Act means that for any child up to the age of 18 years, requiring formal intervention, this will be available through the Children’s Hearing System. This includes a child’s involvement in offending behaviour. 3.2. When a child is involved with the criminal justice system the Act aims to safeguard welfare needs and ensure approaches are both trauma informed and appropriate to age and development. Within this a key aim of the Scottish Government is to stop any child (under 18 years) being detained in a Young Offenders Institution or prison facility. This work is already significantly underway nationally. 3.3. In the circumstance where a child is to be deprived of their liberty this should happen only in age appropriate care facilities. Children detained in secure care, through a criminal justice route (i.e. Court adjudication) will be considered a “Looked After” child with the associated duties and responsibilities to be provided by the Local Authority. This will also incorporate statutory aftercare duties and responsibilities. 3.4. At present children and young people from other nations in the United Kingdom can be placed in care establishments in Scotland. These placements are referred to as cross border and can be challenging for the individual child and young person as well as for authorities in Scotland. The Act aims to minimise cross border placements and make their occurrence happen only in exceptional circumstances, where it best meets the child’s interests. The Act has already implemented regulations around this specific area, introducing additional safeguards. 3.5. The Act also enhances extra provisions in respect of victims, both children and adults who have been harmed. _________________________________________________________
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3 4. Timelines 4.1. Some sections of the Act came into force directly after Royal Assent. These focus on technical adaptations to existing regulations around secure accommodation services and cross border placements. The other provisions of the Act will come into force on such day as the Scottish Ministers may appoint. The Scottish Government is currently considering a commencement plan. It is generally anticipated this will occur between 2025 /2026. Sequencing with wider national policy development will influence implementation timescales as will full consideration to the resource implications and requirements of the changes across the country. 4.2. Children’s Hearings Scotland estimate, across Scotland, about 1000 additional young people a year will require intensive support packages. On this basis, within Renfrewshire, this potentially will result in approximately 30 additional young people aged 16 – 18 being supported by children’s social work. 4.3. Within Renfrewshire’s social work service many practice principles of the new Act are already in place. The “wholesystems” approach has been established for many years. Its practice focus is to support young people who come into conflict with the law and are involved in either or both the children’s hearing and criminal justice systems. Many of these children have significant, complex needs and consequently require intensive supports and resource allocation. This need is often replicated across partner services too. 4.4. Local service planning is now considering the practice and delivery implications. This will prepare for the implementation of the Act, in line with the developing national implementation planning processes that are required. ___________________________________________________________________ Implications of the Report 1. Financial – The possibility of increased activity could result in additional pressure on current services. At present the service expects to be able to manage the expected workload generated by the responsibilities under the new Act to be maintained within current resources. Activity in this area will be held under review to ensure any pressures are identified as early as possible. 2. HR & Organisational Development – Some additional training and briefings will be required to ensure staff across children and justice social work understand the new duties and responsibilities on the council under the Act. 3. Community/Council Planning – 4. Legal – The Act places new duties on the council which will be discharged under the current social work arrangements. 5. Property/Assets - None
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4 6. Information Technology - None 7. Equality & Human Rights The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because it is for noting only. 8. Health & Safety – None 9. Procurement - None. 10. Risk - None 11. Privacy Impact - None 12. Cosla Policy Position – The positions in the report are in line with the Cosla position on addressing the needs of children and young people who are victims of offending and those in conflict with the law. 13. Climate Risk – None 14. Children’s Rights - This report demonstrates compliance with Article 3 (best interest of child), Article 37 (children in detention) and Article 40 (children who break the law) of the United Nations Convention on the Rights of the Child. _________________________________________________________ List of Background Papers None ___________________________________________________________________ Author – Contact David Wilson, Justice Services Manager david.wilson@renfrewshire.gov.uk