Holyrood committee seeks answers from minister after latest death at Polmont

MSPs are demanding to know when new laws preventing under-18s from being sent to young offenders institutions will come into effect.

Audrey Nicoll, convener of Holyrood’s Criminal Justice Committee, has written to victims and community safety minister Siobhian Brown in the wake of the latest death of a young person at Polmont Young Offenders Institution.

Jonathan Beadle, 17, died at the facility near Falkirk on Saturday.

He had been there despite the Children (Care and Justice) (Scotland) Act, which requires those aged 16 and 17 to be placed in secure accommodation rather than in a young offenders institution, being enacted in June.

Ms Nicoll told the minister that her committee has been “concerned with deaths in custody for some time now, especially those relating to young people”.

She asked Ms Brown to provide details of the “circumstances that led to the decision to move Mr Beadle from secure care to  HMP & YOI Polmont”.

Ms Nicoll also said MSPs are seeking an update on when parts of the legislation concerning the detention of children under 18 will be implemented,  and  “the reasons why these remain to be enacted”.

The latest death comes ahead of the findings of fatal accident inquiries into the deaths of three other young people at Polmont.

An inquiry was held recently into the deaths of William Lindsay, 16, and Katie Allan, 21, who both took their own lives in separate incidents within months of each other in 2018.

A separate inquiry has also been held into the death of Jack McKenzie, 20, who is reported to have taken his own life in Polmont in September 2021.

Speaking in the wake of the latest death, Fiona Dyer, director of the Children and Young People’s Centre for Justice, said under-18s need to be moved out of YOIs “as soon as possible”.

She told BBC Radio Scotland: “My heart just goes out to Jonathan and his family and friends at this time, it is just really tragic.”

She described Polmont as being “ultimately a prison”, saying it “looks and feels like a prison, there are adult prisoners also there in a different part of the building”, and that it “follows a prison regime and its purpose like all prisons is in part for punishment”.

She said research shows such environments can be “detrimental” to children.

“Many children who are in conflict with the law have backgrounds which are characterised by them being placed in very vulnerable situations, very traumatic events,” she said.

“A prison environment is really re-traumatising for children, it is no place for children.”

She said keeping children in secure care can instead allow them to “thrive” while still being in a “locked environment”.

She went on: “I have been campaigning with others for years because of the evidence to move children, and we had to have a change in legislation to allow that to happen for all children.

“The new Children (Care and Justice) Act has changed that and when that part is enacted, then the children in Polmont will be moved to secure care and that will hopefully happen imminently.

“There are plans under way, the Scottish Government, the Scottish Prison Service and the secure care providers have been meeting.

“But that needs to happen imminently and hopefully that will happen as soon as possible.”

A Scottish Government spokesperson previously said the Act “aims to end the placement of under-18s in young offenders institutions, with secure accommodation being the normal place of detention instead”.

However they added: “The decision on whether to detain a child remains with the independent judiciary.

“On turning 18, young people who have a significant part of their sentence still to serve will be transferred to prison.”

A Scottish Prison Service spokesperson said on Wednesday: “Every death, whether in prison custody or in our communities, is a tragedy for all those who knew and supported the individual.

“Following the death of someone in our care, Police Scotland are advised and the matter reported to the procurator fiscal. Fatal accident inquiries are held in due course.”

Minister for victims and community safety Siobhian Brown said: “Every death in custody is a tragedy and I extend my deepest condolences to Jonathan’s family.

“As a report will be submitted to the procurator fiscal, it would be inappropriate to comment further. The decision on whether to detain a child remains with the independent judiciary.

“The Children (Care and Justice) (Scotland) Act which received royal assent on 4 June, includes provisions to end the placement of under 18s in young offenders institutions.

“Plans are moving at pace to ensure commencement of these provisions as soon as possible.

“There is also ongoing engagement with partners, including SPS and secure care providers, to enable the transfer of those currently in Polmont in line with commencement of the provisions.”