Question reference: S6W-13398
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
- Date lodged: 21 December 2022
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Current status: Answered by Clare Haughey on 18 January 2023
Question
To ask the Scottish Government, in relation to the Children (Care and Justice) (Scotland) Bill, whether it plans to include specific measures on (a) restraint and (b) the provision of secure transportation services under the heading of "Residential and Secure Care", in light of the recent consultation analysis that cited concerns in these areas.
Answer
Following careful consideration of responses to the consultation on the Children (Care and Justice) (Scotland) Bill, the Scottish Government is content that there is sufficient legislative provision to enable secure transport to be utilised when necessary, and to ensure the safety of the child and others.
An overly prescriptive approach to minimising restraint practices could bring adverse consequences around escalation and criminalisation. Instead, Ministers consider that a blended framework of regulation, guidance, practice support and precise reporting is likely to best serve Scotland’s children.
Work is ongoing with partners to reduce, and where possible eliminate, the use of restraint in respect of children in care. This includes working with the Scottish Physical Restraint Action Group (SPRAG) to explore definitions of restraint, along with the availability of data, training and support.
A national service specification for secure transport is being developed by the joint Scottish Government and COSLA led Secure Care Group. The specification states that any use of restraint must be in line with Scotland’s Holding Safely guidance. This specification aims to bring consistency to the expectations and requirements, wherever secure transport requires to be commissioned. It covers areas such as data gathering and staff training. It also prohibits the use of mechanical restraint, handcuffs or pain-inducing techniques.