He highlighted, however, that the legal and care systems are completely distinct, often leading to children and young people bouncing around the system and meaning that no single judicial body can ensure that the whole system meets the needs of the child in a holistic way.Professor Colin McKay, Centre for Mental Health and Capacity Law, Edinburgh Napier University written evidence
The review called for the work to develop a holistic and child-centred system of care and support for children, including the implementation of the Promise and the incorporation of the UNCRC, to include a focus on how to better align care and support for children and young people with mental or intellectual disabilities, including where compulsory measures are required.xviRecommendation 12.26, Scottish Mental Health Law Review Final Report, published September 2022
The Review also recommended that the Scottish Government and partners consider a unified tribunal jurisdiction for different compulsory interventions or provisions to enforce the rights of the child.xviiRecommendation 12.27, Scottish Mental Health Law Review Final Report, published September 2022
Homelessness
In its evidence, East Lothian Council Children's Services highlighted that new housing legislation proposed 16 and 17 year olds at risk of homelessness, be treated as children and receive assistance...