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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 17 March 2025
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Displaying 1250 contributions

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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

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.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Ross Greer

The question for the committee and for the Parliament is whether we can deal with that issue specifically through a non-legislative approach or whether it should be covered in the bill. I am interested in hearing your thoughts on whether what is coming will do the job that I think we all want it to do. Alternatively, should we consider a legislative approach, whether in the bill or elsewhere?

11:30  

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Ross Greer

That would be useful, thanks. It is primarily of interest in relation to private providers but, as you said, sometimes they are not available. I would be interested in understanding what your process would be in those circumstances.

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

That would be useful. I will follow up your point about the lack of capacity and the fact that, often, your officers have to provide the transportation. That should not be the case, but, given that it is at the moment, what reporting would you carry out if, for example, you ended up in a situation in which a young person who was being transported needed to be restrained in some way? What would the Police Scotland reporting mechanism for that be? Would you inform any partner organisations that you work with that that had taken place during transportation?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 1

Meeting date: 22 March 2023

Ross Greer

That is ideal. That is all from me for now, convener.

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?