Kezia Dugdale MSP

As part of the Whole System Approach, we would expect the rehabilitation of under 18s to be supported as set out in the answer to S5W-11415 on 2 October 2017.

A number of organisations are working together to provide support to young people both while in custody and upon their release. This advice and support includes education, employment, housing, access to addiction services and general support with practical matters to deter the young person from further offending; to support them to make positive choices and to maximise their life chances.

The Scottish Government provide funding to Up-2-Us to deliver their Time for Change project which supports extremely vulnerable high risk girls and young women to improve transitions and achieve a more settled and positive lifestyle. Funding is also provided to the Wise Group to deliver a Get the Life You Want pre-release course for young people in Polmont Young Offenders Institution. The course is aimed at fostering an increased motivation, a more positive mind set and development of coping strategies.

The Scottish Government has funded a group of dedicated through-care services for over 18s. In these projects, third sector organisations are working in partnership to provide a voluntary service for those leaving prison. These services provide a one-to-one service between the individual and a professional mentor, who will meet with the individual to help plan their release, before meeting them on the day of release to assist them with any practical problems. The mentor will continue to offer support, advice and encouragement, as required, for up to 6 months. The Scottish Government and its partners have invested £18m in these services over 2012-17.

In addition the Scottish Prison Service provide Through-care Support Officers within prison to work with individuals not only prior to release, but upon release from custody and for up to 3 months thereafter release, meeting them in the community and providing practical support and advice to assist their rehabilitation and reintegration.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx.

The Scottish Government is committed to keeping as many young people as possible out of the criminal justice system.

Substantial progress has been made over the last 10 years in keeping young people, including care-experienced young people, out of the criminal justice system:

• The number of young people (12-17) prosecuted in Scotland’s courts has fallen by 78% from 9813 in 2006-07 to 2203 in 2015-16;

• The average number of under 18s in custody has decreased by 77% from 223 in 2006 to 51 in 2016;

However, we know that care-experienced young people are disproportionately represented in the criminal justice system, and in custody. The Scottish Prison Service 2015 Prisoner Survey found that of the 327 young men under 21 in HMYOI Polmont who responded, 33% reported being in care as a child, while around 2% of all Scotland’s children are looked after.

Our priority is to improve life chances for children and young people involved, or at risk of becoming involved, in offending. Implementation of the youth justice strategy Preventing Offending: Getting It Right For Children and Young People will secure further progress for vulnerable groups. It includes a strong focus on supporting young people with complex needs - many of whom are looked after children.

The Independent Care Review will help shape further improvements as we continue to drive a preventative, whole system approach to offending to improve life chances and help keep communities and young people safe from crime and disorder.

If a local authority becomes aware that a child or young person who is looked after by them or is in receipt of advice, guidance or assistance from them has died, the local authority must, within 24 hours, notify the Care Inspectorate. The Care Inspectorate, on behalf of Scottish Ministers, receives, reviews and provides feedback to the local authority on a report compiled by them reviewing the circumstances of the child or young person and his/her death.

Once notified, the Care Inspectorate alert Scottish Ministers as soon as reasonably practicable, and information around the name of the child, his or her date of birth, the legal circumstances in which he or she was being looked after and where, and brief details of the cause and circumstances of his or her death, if known are recorded.

The exact (medical) cause of death is not always known. The Care Inspectorate’s principle concern is with the circumstances of the child's life and pathway. It should also be noted that this group of children includes children with life limiting conditions whose deaths are anticipated.

The Scottish Government has been working with a number of advocacy providers and partners in the children’s hearings system to develop a sustainable model of advocacy provision for children and young people attending hearings.

The Scottish Government is committed to improving the participation of children and young people in all areas of their lives, but in particular when they are at their most vulnerable. This can be the case for children attending hearings and a range of measures are being taken forward by individual agencies and the Children’s Hearings Improvement Partnership to better elicit, and respond to, children’s views.

With regard to advocacy, we have been testing potential approaches in a number of areas, with a view to creating a sustainable advocacy system that can be rolled out nationally by enacting section 122 and introducing associated regulations.

It is important that any national advocacy provision complements existing work supporting better participation, and that children are well served by it. We have indicated our intention to Parliament to make major progress in the next two years.

All young people need support when returning to communities after periods of being accommodated or sentenced. Young people should have a package of support detailed in their Child’s Plan, delivered in partnership to meet assessed needs and risks, by age appropriate services, in areas such as:

• Accommodation

• Education, training and employment

• Health and substance misuse

• Involvement of families; and

• Financial stability

When a young person enters custody or secure care planning for their transition back to the community should start immediately. Regular reviews should take place with the young person and partners, including parents and carers, to review the Child’s Plan and prepare for their return, with contingency plans put in place if needed. The final review prior to release provides a key opportunity to support a smooth and successful transition back to the community.

Transitions must take account of Corporate Parenting responsibilities, including the extension of rights of previously looked after young people.

Guidance on Reintegration and Transitions was published in 2011. This provides a minimum standard to be achieved and an overview of ‘good practice’ principles for local authorities, community planning partners, the Scottish Prison Service (SPS), the secure estate, and other partners working with young people under 18 years of age.

The Centre for Youth and Criminal Justice, funded by the Scottish Government, publish an annual Guide to Youth Justice in Scotland: Policy Practice and Legislation which includes a chapter focussed on Reintegration and Transitions. This is available at www.cycj.org.uk and was refreshed in June 2017.