Chamber and committees

The definition of a Compulsory Supervision Order (CSO) is set out in section 83 of the Children’s Hearings (Scotland) Act 2011 and, as set out below, specifies the measures which can be included in a CSO.

A children's hearing can make a CSO if the hearing considers that it is necessary for the child’s protection, guidance, treatment or control.

A CSO must then be implemented by the relevant local authority to ensure that the child is adequately supported in accordance with the CSO.

Every CSO will as a minimum contain a standard measure that the local authority supervises the child, and will specify the period of time that the order has effect.

Children’s hearings can, where appropriate, make their intentions for supervision more specific by adding further specific measures to a CSO:

• A requirement that the child reside in a specific place.
• A direction to restrict the child's liberty whilst residing in a specific place.
• A prohibition on the disclosure of the address of the child where the child is required to reside in a specified place.
• A movement restriction condition.
• A secure accommodation authorisation.
• A requirement for specified medical or other examination for the child- only with the child's consent.
• A requirement for specified medical or other treatment for the child-only with the child's consent.

Children’s Hearings Scotland (‘CHS’) are preparing to extend the benefits of accessing children’s hearings to all Scotland’s 16 and 17 year olds who need it. It is the statutory responsibility of the National Convener at CHS to appoint children’s panel members. There is a consistent record dating back over 5 decades of sufficient prospective volunteers coming forward from Scotland’s communities to serve as children’s panel members. While volunteer positions across all sectors are more difficult to fill post-pandemic, Ministers are confident that the National Convener and CHS have the resources, skills and knowledge to fulfil their statutory duties. Officials remain in close contact with the National Convener and his team to determine if further interventions are required to maintain children’s panel capacity and resilience, both in the short-term and in the months to come. A range of escalating interventions have been prepared by CHS to improve panel intake and reinforce retention rates - those will be implemented as required.

Government analysis concluded that the Bill could not extend compulsory measures beyond 18 using the children’s hearings system. This would fundamentally change the child welfare-based system, and require an entirely new framework. The tests needed to justify compulsion beyond childhood would require to be restated to accommodate the rights of evolving young adults, with limited suitable options for dealing with non-compliance. Such an approach could also cause capacity issues, including for the volunteer panel members, who would be making decisions in relation to young adults as opposed to children.

The Bill also includes powers to enable those who are remanded or sentenced under 18 to detention in secure accommodation, to remain in secure accommodation until a maximum age of 19. This is to prevent young people – where their sentence is due to end shortly after their turning 18 – being automatically conveyed to serve a short outstanding part of that sentence in a Young Offenders’ Institution. This is therefore directed at minimising placement moves and avoiding unnecessary risks, disruption or trauma. This is in line with UNCRC.

Each child is considered in respect of their individual needs and risks when they are referred to the Principal Reporter, or where a children’s hearing is to be convened. The Scottish Government is not aware of evidence of inappropriate or unequal treatment between care-experienced children and those who do not have care experience or are coming to the system’s attention for the first time.

This information requested is not held centrally by the Scottish Government. The member may wish to contact British Transport Police who might be able to provide this information.

Young people who have been supported and supervised under the children’s hearings system are not dealt with as ‘offenders’, as would be the case in the criminal justice system. There is no retributive focus for decision-makers in the children’s hearings system. Once a compulsory supervision order (CSO) has ended or been discharged, then the implementation authority has duties regarding the necessary aftercare arrangements. Section 7 of the Children (Care and Justice) (Scotland) Bill would, if passed, amend the Children’s Hearings (Scotland) Act 2011 to enable a children’s hearing on reviewing a CSO, to consider whether after the CSO is to come to an end, the child might still need supervision or guidance after the child turns 18. In that case, the relevant local authority's duty to provide the child with that supervision or guidance continues to have effect after the child turns 18 until they turn 19. 60% of over 100 respondents to the Bill consultation in 2022 supported this. By this point, there would be no compulsion or obligation to accept offers of support. Rather, the young person may benefit from, and wish, voluntary advice, guidance and assistance as they transition to adulthood.

Scotland’s secure accommodation centres offer an integrated model of delivery, caring for children together in locked premises under high intensity supervision. This applies regardless of the route children have been placed there.

When a child is placed in secure care, children’s safety is to the fore. Secure care centres are highly skilled and experienced in directing and restricting the contacts that a young person can have with others.

The daily care arrangements experienced by individual children are tailored to their own risk and needs, and the safety requirements of other children. This involves risk-assessing the individual child, and then formulating a plan, based on those risks and the vulnerabilities of any others with whom they may come into contact.

Children’s Social Work Statistics data provides an annual breakdown of the number of children and young people being looked after in community and residential placement types. However, data is not currently collected on reasons for homelessness or the linkage with parental outcomes including parental imprisonment.

Table 1 shows the number of children looked after on 31 July in kinship care and foster care placement types between 2013 and 2022. Publication tables in the Children’s Social Work Statistics publication show that on 31 July 2022 a total of 12,596 children were looked after compared to 16,032 on 31 July 2013. 4,249 (34%) young people were looked after by kinship carers with a further 4,155 (33%) young people in foster care.

Of all children looked after, the proportion of children placed with kinship carers has increased from 26% in 2013 to 34% in 2022. Of all the children looked after, the proportion of children placed with foster carers has stayed the same between 2013 and 2022 (33%).

The two main pieces of legislation in relation to dog control are the Dangerous Dogs Act 1991 (“the 1991 Act”) and the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”). The 1991 Act provides for criminal law measures for dog owners and persons in charge of dogs, where a dog is ‘dangerously out of control’. The 2010 Act provides for a civil regime in respect of dog owners who allow their dogs to be ‘out of control’.

The law is clear that dog owners are responsible for the actions of their dog. For example, if an owner does not control their dog they can be given a Dog Control Notice (DCN) by a local authority dog warden. If a more serious incident occurs, consideration can be given to prosecution for having a dog that is dangerously out of control under the 1991 Act.

Further detailed information on the 2010 Act can be found at: https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/

A Scottish Government led Short Life Working Group was established in 2022 to review the 1991 Act. The working group has undertaken its review with a wide range of views offered. The Scottish Government will use this review to help determine what may be appropriate as next steps.

In addition, legislative action has been taken to encourage greater responsibility from dog owners around livestock.

The Scottish Government supported the introduction of the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill, which gained Royal Assent on 5 May 2021 and came into force on 5 November 2021, as being in accordance with the advice on responsible behaviour for people walking dogs contained in the Scottish Outdoor Access Code.

Under this law owners of dogs that attack or worry livestock can be fined up to £40,000 or face a prison sentence of up to 12 months.

The figures requested are set out in the following table: