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Yes.

It is a step forward for the care of children with complex problems. These regulations will help us to uphold and protect children’s human rights in those situations. It is generally regarded as a positive step. Children who find themselves requiring secure care are currently usually transferred to England for medium-secure care. Being able to care for them in Scotland and therefore provide continuity of education—different education systems operate in the two countries—will help us to uphold the Promise rather than cause any challenge to those principles.

The Scottish Government is absolutely committed to delivering on the Promise. We made the Promise and we intend to uphold it.

As we stated earlier, officials have met each of the stakeholders who contributed to the consultation. They have had detailed discussions and have reassured the stakeholders that the processes are appropriate. We are comfortable that we have the support of stakeholders, that we have been able to adequately explain how the service will operate with regard to children’s rights, and that the service is an important step forward in upholding children’s rights.

I do not know whether Ruth Christie wants to say a little more about those meetings with stakeholders, which took place subsequent to the consultation.

A full CRWIA was not required because the regulations do not create any new enforcement or monitoring mechanism. As I said earlier, they simply take mechanisms that already exist and apply them to a new hospital. I do not think that that will change because of UNCRC incorporation. In everything that we do, and with all the public services that we deliver to children, the Government tries to work—as it has done for many years—according to and in compliance with UNCRC principles.

The difference was that, when UNCRC incorporation did not happen, that was justiciable. There were consequences to it not happening. However, incorporation would not make any difference in practice to how we approach the issues, because we try very carefully to be UNCRC compliant at all times anyway.

Do you want to hear from Dr Blower about how CAMHS operates from a human rights perspective?

I will ask Dr Blower to say a little more about how the legislation is likely to operate in practice, but all the legislation that comes through the Scottish Parliament is ECHR compliant and we always try to develop legislation that is UNCRC compliant, even though we have not yet incorporated that fully.

The right to family life is really important. Dr Blower was trying to explain just how much care is taken regarding the child’s developmental stage and their welfare. Family life is really important to all that. Restrictions on the use of mobile communications, for example, might be applied on some occasions, but that will be done thoughtfully and the general principle will be that it is important for children who are being held in the unit to be able to maintain their links with family and friends outside that unit.

I will let Dr Blower say a little more.

Convener, could I talk a little bit more about the safety and safeguards that are in place?

There is a right to appeal built in. As I said in my opening statement, that is absolutely crucial. The treatment interventions for children and young people who require a certain level of security are not brief: the average length of stay at the NSAIS is about 12 to 18 months. The appeal process is rigorous and thorough, and we consider the timeframes suggested within the current regulations to be appropriate and proportionate.

As for the care and treatment that is provided, each individual who is detained will be managed under the care programme approach, which is a legal framework. There will be regular review, with accountability for the responsible medical officers. There are safeguards built in. There are appeal processes at certain points during the care planning journey, which I think is crucial to upholding children’s rights.

I will let Ruth Christie give a fuller answer, but, as I said previously, we have not done a full CRWIA. We have asked many of the questions as we have gone along and we have been satisfied that we are child rights compliant, but we have not done a full CRWIA.

As mentioned in an answer to a previous question, access to a telephone to maintain contact with family and friends is a pretty crucial matter for any patient in hospital, and the Foxgrove team will ensure that young patients can safely use telephones within the unit. Procedures will be developed—again, those will be operational procedures developed by NHS Ayrshire and Arran—around access to mobile phones for all young patients in the unit and for children and young people as part of their individual care plan.

Under separate regulations, the use of telephones can be restricted if the RMO determines that a telephone call made to or by the person detained might cause distress to the person detained or to any other person who is not on the staff of the hospital, or significant risk to health, safety or welfare of the person detained for the safety of others. It is not a measure that is used lightly or in a blanket way. It is used very proportionately where there are specific care needs that need to be met.