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All Official Reports of public meetings of committees.
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Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
I will elaborate on that a bit. You might have seen the evidence that has been submitted by the hope instead of handcuffs campaign, which raises specific concerns about private transport providers. In essence, the concerns relate to the lack of regulation and reporting on transportation.
In relation to secure accommodation, the broad direction of travel has been towards raising standards, with more reporting and less use of inappropriate restraint, for example. However, the campaign has evidence of what it believes to be inappropriate use of handcuffs, specifically, and restraint in general by private transportation providers when young people are being moved between secure accommodation locations or between somewhere else and secure accommodation. The campaign has proposed to the committee and Parliament that there should be greater regulation and greater reporting specifically in relation to transport.
If private transportation providers were required to report every instance in which restraint was used, whether that was handcuffs or something else, which would be the appropriate body to which such reports should be submitted? Would it be the SCRA, the Care Inspectorate or local authorities? Would it depend on the individual circumstance, such as where the young person was being transported to and from?
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
The bill is relevant only to part of what is in the Promise, which goes far wider. In so far as it is relevant, does the bill go far enough to fulfil what is in the Promise?
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
The advantage of that is that we could just go ahead and do it now.
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
Just on that point, Megan, if your position is that the guidance should be in legislation, do you believe that it should be in primary legislation such as the bill, or is there a way to do it through secondary legislation? Do you have a view on which legislative vehicle should be used?
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
The witnesses are probably familiar with the evidence that the hope instead of handcuffs campaign submitted, specifically in relation to transportation providers for young people who are moving between secure accommodation, from elsewhere into secure accommodation or from secure accommodation to elsewhere. The campaign’s contention is that, although we are broadly on a path towards higher standards and better regulation of secure accommodation providers, there is a gap in relation to the transportation providers. It has provided evidence of inappropriate use of restraint, specifically handcuffs—hence the name of the campaign. There is the question of whether we need to wait for the bill to deal with that; there are other ways in which we can deal with it.
I am interested in your thoughts on the campaign’s proposals that relate to reporting mechanisms in particular. It proposes the mandatory reporting of incidents in which a transportation provider has had to restrain a child or young person. I would be interested in your thoughts on that campaign more generally and what it is asking for, and specifically on whom those reports should go to. Should they be submitted to the Care Inspectorate, for example, or directly to Government? Where would be the appropriate place for those reports to be collated?
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
Do any of the witnesses’ organisations have engagement and contact with transportation providers in relation to secure accommodation? If so, I have some specific follow-up questions; if not, there is no need for them.
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
The bill will take some time, whereas we could produce policy in a matter of months.
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
Do I have time to ask Megan Farr a brief follow-up question, convener?
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
I am keen to pick up on the Promise, which you mentioned. Before I do so, would Megan Farr or Katy Nisbet like to add anything?
Education, Children and Young People Committee
Children (Care and Justice) (Scotland) Bill: Stage 1
Meeting date: 22 March 2023
Ross Greer
My understanding is that there is new guidance or rules. Something new is being produced, primarily by COSLA. I presume that that is coming from the group that you referred to.
