Improvements needed before children’s justice Bill becomes law, MSPs insist

A Holyrood committee has given its backing to new legislation which aims to change how the justice system treats 16 and 17-year-olds – but has insisted the Scottish Government provide more details on the costs ahead of a key Holyrood vote.

MSPs on the Education, Children and Young People Committee also voiced concerns that the legislation may not comply with “age-appropriate justice provisions” set out in the United Nations Convention on the Rights of the Child (UNCRC)

The committee raised the issues after scrutinising proposals from the Scottish Government which, if passed, would mean most under-18s accused of committing an offence would be dealt with by the Children’s Hearing system, rather than through the courts.

In a report on the Children (Care and Justice) (Scotland) Bill, the committee found having cases dealt with by the Children’s Hearing system would allow for “more age and stage appropriate, welfare-based, and comprehensive support” to be provided to youngsters.

But they said such a change would lead to increasing numbers being referred – including some for offences “more serious in nature” – and said training should be given to panel members for children’s hearings.

“It will be critical for all panel members to receive training to equip them to respond effectively to these young people,” MSPs said in their report.

The committee also made clear the Scottish Government must provide more information on the cost of the legislation.

While the report said ministers had pledged to do this, the committee noted updated costings would not be ready until after Holyrood has voted on the general principles of the Bill.

However, MSPs said they were “firmly of the view” that updated financial documents “must be provided for scrutiny” ahead of that debate.

In the report the MSPs agreed with members of Holyrood’s Finance and Public Administration Committee that the Government should “revisit, for clarity” the formula used to calculate the impact the changes in the Bill would have on social work services.

Their comments came as they warned of the “significant resourcing and training challenges” introducing the legislation would pose for “key” bodies, such as Children’s Hearings Scotland, the Scottish Children’s Reporter Administration (SCRA) and councils.

The legislation would place duties on local authorities in relation to detained children, with the committee “concerned” that the cost of providing this support had not been been factored into the financial documents for the Bill.

While the Bill sets out for youngsters under the age of 18 to be referred to the Children’s Hearing system, the committee also noted the financial documents said that 17 and a half years would be the “likely effective cut-off date” for this happening.

This is because of the length of time to process applications, the report explained, with MSPs noting the decision “appears to be based primarily around the length of time it might take for a case to be processed, rather than any factors relating to the child’s best interests”.

MSPs on the committee said they were “unconvinced” that this was in line with the spirit of the legislation – but also expressed doubts over compliance with the UNCRC, which sets out that the age of the child at the time of the alleged offence should be used to determine how they are treated.

The committee made clear it “does not believe that it is fair that the Bill treats young people over the age of 17 and a half years but under 18 differently, purely on the basis of how long it might take for agencies to put in place support”.

And they said the Government should “urgently address these concerns to ensure that all under-18s in Scotland have access to age-appropriate justice”

Committee convener Sue Webber said: “We are alarmed that referral to the Children’s Hearing System seems to have an effective cut-off at 17 and a half years old.

“This cut-off seems to be based on the length of time it might take for a case to be processed. We want the Scottish Government to address the delays the system appears to face and ensure that support is provided up to 18 years old, as was intended.”

However, she said overall the committee “welcomes the changes in this Bill that will ensure that 16 and 17-year-olds would have access to the Children’s Hearing system”.

Ms Webber stated: “As we heard time and again, where a child has committed an offence it’s important to consider why this has happened and we believe, if properly resourced, this Bill will help.

“It will protect children from harm and help find solutions to the problems that may have led to them offending in the first place. But improvements are needed before the Bill becomes law.”

Children’s Minister Natalie Don MSP said: “The Children (Care and Justice) (Scotland) Bill’s main purpose is to ensure that children up to age 18 are dealt with in age-appropriate systems and settings.

“If passed by Parliament, the Bill will mean that 16 and 17-year-olds will no longer be placed in young offenders institutions, either on remand or following sentencing.

“The Bill would also ensure that all under-18s can be referred to the children’s hearings system, helping to keep children out of criminal courts, where appropriate.

“I welcome the Parliament’s support for the general principles of this important Bill, and I thank the Committee for the diligent scrutiny that led to this Stage 1 report.

“I look forward to providing the further information and reassurance sought by Committee, as soon as that becomes available.”