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Route map: Justice

This route map was last updated in December 2025 with all information that is known about work underway and still required. It is not yet fully populated and work continues to identify what still needs to happen. Route maps are shared planning tools to support delivery of the promise and as progress is made and the rest of the route becomes clearer, this route map will continue to be updated. 

Where is Scotland now?

The justice route map builds on progress to reduce the criminalisation and incarceration of children and young people, prioritising relational, restorative and rights-based responses. Current activity includes Early and Effective Intervention approaches and work to divert from formal justice processes. There is growing alignment around welfare-based, trauma-informed practice grounded in children’s rights. Next steps focus on improving consistency in decision making, strengthening workforce skills and confidence, and ensuring proportionate, rights-respecting responses. Further work will embed restorative practice and strengthen collaboration across systems. Sustained partnership working is essential to achieve lasting cultural change.

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Justice

Where does Scotland need to be by 2030?

All of the promise's calls to action have been grouped into delivery-focused outcomes that make clear what Scotland must deliver to keep the promise. The route map then identifies who must take responsibility for action by when for each outcome. This means the outcomes are fully aligned to what children, young people, and care experienced adults said must happen and the actions required are in a format that supports delivery, accountability, and monitoring. 

The outcomes in Justice are: 

  • Children and young people are not criminalised  or incarcerated. The response to behaviour is relational, restorative, and rights-based.
  • The justice workforce is supported and skilled to act relationally and trauma-informatively, replacing process-driven responses with understanding and care.
  • All children's court cases are heard in environments that uphold their rights and allow them to effectively participate rather than traditional criminal courts. Alternative approaches have been developed and more children are kept within the Children's Hearings System.
  • The minimum age of criminal responsibility is in line with the most progressive global governments.
  • No child is placed in a Young Offenders Institution or prison, and young people who turn 18 while in Secure Care are not automatically transferred to a Young Offenders Institute
Where does Scotland need to be by 2030?

The route map to get there

An Early and Effective Intervention (EEI) multiagency working group has commenced under the Whole System Approach Implementation Group (WSA IG) to look at how to improve consistency and equity of EEI nationally, aiming to create renewed guidance which will highlight the rights-respecting reasons behind EEI and seek to develop understanding of its use and benefits in key agencies such as Police and Social Work. Police also retain the power to not charge a child and take no action, if this is proportionate.

Data Subgroup: In 2024 the Data Group was created under Youth Justice Improvement Board, chaired by Scottish Children’s Reporter Administration (SCRA). The group is exploring what data is required to ensure system infrastructure, data sharing and reporting arrangements work to make available the data required to allow services and systems to meet the needs of children in conflict with the law and will look at how this data can be captured and shared to this effect. This will provide better evidence to track all children in conflict with the law through the system in order to then improve our responses and maximise diversionary opportunities.

Criminal Exploitation of Children (CEC): Criminal Exploitation of Children continues to occur in Scotland, often in plain sight. It is essential that children who are criminally exploited are not criminalised for behaviours they are coerced into. Scotland’s national strategic group Child Sexual Abuse and Exploitation (CSAE) have agreed to include CEC in their remit, recently appointing Alexis Jay as independent chair, continuing through 2026. Children who are exploited may not recognise they are being exploited or trafficked and are often too afraid to say what is happening, due to realistic risk to their wellbeing.

Scotland’s Trafficking and Exploitation Strategy 2025 aims to prevent and respond to trafficking and exploitation of children and adults. The Child Exploitation: practitioner guidance (2023) helps practitioners recognise and respond to criminal exploitation and explains the National Referral Mechanism (NRM) for identifying victims. Maximising NRM use supports access to protection and support, can enable police investigations of exploiters, and helps avoid criminalising exploited children— proceedings should be dropped where exploitation is believed.

A devolved NRM is currently being piloted in Glasgow which has shown benefits in terms of quicker and more positive decisions being made, so it would seem advantageous to have this model applied nationally in due course. The Criminal Exploitation of Children: Scotland’s Framework for Practice launched in 2025 by CYCJ and Action for Children supports all those working with children provides guidance and practical tools for effectively working with children – support to embed available on request.

Restorative Justice Action Plan Annual Report 2024–25 reports progress (Apr 2024–Mar 2025) towards making restorative justice available across Scotland, reinforcing RJ as a rights-based, trauma-informed option that can be used alongside youth justice responses for children in conflict with the law, offering a route to repair harm and reduce unnecessary criminalisation where appropriate. Restorative Justice chapter published (June 2024): The Children and Young People in Conflict with the Law: Policy, Practice and Legislation guidance was updated to include a refreshed Restorative Justice chapter, providing an annually renewed practice guide for practitioners and managers working with children and young people at risk of, or in conflict with, the law.

Bairns' Hoose: Bairns' Hoose is an internationally recognised, evidence-based model for children impacted by violence and abuse, where all supports and processes take place under one roof. This relational, trauma-responsive, rights-based model for speaking with children incorporates the Scottish Child Interview Model (SCIM), which expanded on the Joint Interview (JI) process. Three local authorities successfully piloted the model, beginning in 2020, and it was rolled out to further pathfinder sites in Scotland in 2024.

Efforts are required by Police and the Judiciary, under guidance for Social Work and Solicitors, to ensure Bail and Undertaking conditions for children consider their age, developmental stage, safety planning, evolving capacities and best interests, and have the flexibility to evolve in response to their changing needs and risks. Initial discussions between CYCJ and Police Scotland Criminal Justice Services Division (CJSD) have taken place with a hope to progress discussions once agreement sought. CYCJ has also contacted the Judicial Institute requesting to discuss this issue.

Police Scotland’s Respect Programme: The Respect Programme seeks to reduce unnecessary, disproportionate criminalisation of looked-after children and to bring care experienced children closer to parity with their peers in domestic settings. This recognises Police’s corporate parenting responsibilities under the Children and Young People (Scotland) Act 2014. Pilots are ongoing in Dumfries & Galloway (V Division) and Glasgow (G Division) since 2020.

2025:

  • Creation of EEI Working Group to create new guidance and more national consistency and equity of EEI for all children – under WSA IG, under the Youth Justice Improvement Board (YJIB)
  • Launch of Scotland’s Trafficking and Exploitation Strategy 2025
  • CYCJ and Action for Children Launch of the Criminal Exploitation of Children (CEC) Framework for Practice - CYCJ and Action for Children
  • CYCJ and Action for Children training pilot areas to use the CEC Framework for practice
  • Initial training of CHS Panel Members on meeting the needs of older children in conflict with the law.
  • Creation of the Restorative Justice Approaches Group to share resources and current work, with shared resource launched on Education Scotland website.
  • Restorative Justice in Action: A day of reflection, learning and action – multiagency event hosted by CYCJ Nov 2025
  • Initial contact made by CYCJ with Police and Judiciary re: child specific bail and undertaking conditions.

Completion of renewed Early and Effective Intervention (EEI) guidance, promoted nationally within key organisations – EEI working Group.

Explore increased scope of EEI for older children –Whole System Approach Implementation Group.

Continued training of Children's Hearing System Panel Members on meeting the needs of older children in conflict with the law - CHS.

Action plan created by the Restorative Justice Approaches Group – CYCJ/ CJS.

Aim to explore child bail and undertaking conditions being made more flexible, then to create and promote guidance.

Formal ownership of driving forward Respect Programme agreed – Police Scotland/ Promise Scotland/ Scottish Government.

Further expansion of Bairns' Hoose.

Alexis Jay to Chair national Child Sexual Abuse and Exploitation group.

Commencement of sections 1 and 17 of the Children (Care and Justice) Act raising the age of Children's Hearing System referral to 18 – Scottish Ministers/ Parliament.

Undertaking and Bail conditions for children are flexible and responsive to children’s needs and rights – Police Scotland/ Judiciary informed by Social Work/ Legal Sector.

Agreement on data capture and info sharing to inform Respect; renewed efforts to capture children’s views.

Review of Scotland’s Trafficking and Exploitation Strategy 2025.

Respect Programme rolled out in other areas – Police Scotland with support of Scottish Government.

Increased confidence in the Children's Hearing System to deal with serious offences.

Consideration of legal amendment to allow those who were under 18 at the time of a convicted offence to be dealt with in the Children's Hearing System under a child justice approach.

All child and justice partners understand and promote rights-bases justice responses to children.

Proportionate alternatives to prosecution such as Early and Effective Interventionare available to all children, regardless of age.

Bairns' Hoose available to all children who have been victims of harm, caused harm, or witnessed harm.

Restorative Justice and approaches are available to children nationally.

The Chidren's Hearing System has the competence and the capacity to deal with the vast majority of offences committed by children.

Who needs to work on this:

Scottish Government, Children's Hearing Scotland, Scottish Children's Reporter Administration, Police Scotland, Third Sector 

CYCJ’s Annual Practice Guide: CYCJ’s  ‘Children and young people in conflict with the law: policy, practice and legislation’ has for years provided an up-to-date reference for practitioners across the sector on the key issues impacting children, incorporating research and theory to produce best practice guidance on how to work with children, as well as providing understanding of and advice of how to support them to navigate the systems and processes they may find themselves in. Sections can be developed into bespoke training and delivered in person and online to any organisation working with children in conflict with the law.

CYCJ’s eLearning Platform: CYCJ’s eLearning platform was launched in 2025. It provides a range of four-hour eLearning modules designed for professionals in the youth justice workforce responding to the behaviour of children and young people that could be causing harm to others and bringing them into conflict with the law. Modules are designed in collaboration with experts and will be developed and reviewed in response to the needs of the workforce, and learners can expect to gain a deeper knowledge of subjects whilst also enhancing skills that can be applied in practice.

CYCJ’s Postgraduate Certificate, Children and Young People in Conflict with the Law: This established course offers a continued commitment to enhance workforce competencies when working with children and young people in conflict with the law, and is open to anyone working in the field.

Developmental Wellbeing Approach – Supporting Growth, Reducing Harm: With funding from the Promise, CYCJ have created a 3-day training and resource toolkit to support the workforce. The Developmental Wellbeing Approach is a trauma-informed, rights-based way of working with children and young people that focuses on supporting healthy development to reduce harmful behaviours. It enables practitioners, children and young people, and families to co-create safe, appropriate strategies that respond to individual needs and contexts across home, school, and community settings. The approach has been developed with input from practitioners and field experts and was piloted in 2025. CYCJ are now providing training for individuals working with children displaying distressed / harmful behaviours and supporting the embedding of the approach across local area teams in Scotland. Ongoing input will involve developing related resources for police, schools etc to more effectively respond to distress behaviour.

Reimagining Justice: The Scottish Approach to Service Design – services designed by those who deliver and use them, to support people at a time that meets their needs – was funded by the Promise for CYCJ to support the user-led design of local youth justice services between 2023-2025. It worked with local authorities and included work with Police round alternatives to custody. This ethos is embedded in work of CYCJ and other sector partners and will continue to inform service design.

Contextual Safeguarding: The Contextual Safeguarding approach to managing risk to children out-with the family home was included in the Child Protection Guidance in 2021, promoting the consideration of place and context within child protection, and preventative policy and practice. Work continues to expand Scottish networks and increase awareness and coverage across Scotland. CYCJ have been asked by Durham University, the home of contextual safeguarding, to become an academic partner. Additionally, CYCJ, dependent on a recent proposal to Scottish Government, hope to be in a position to train the workforce in 2026/27, further developing the approach within a Scottish context.

Trauma Informed Practice: The term Trauma Informed practice is well used, and whilst awareness of the term, and principles grow, it is important work continues to ensure trauma-informed practice actually happens in practice, and is embedded across services to better understand and meet the needs driving distress and harmful behaviours, which often bring children into conflict with the law.

Trauma-informed practice must move beyond awareness into consistent delivery across services, to better understand and respond to the trauma that often underpins children’s distress and harmful behaviour.

NES National Trauma Training Programme (NTTP) (launched 2018) supports a trauma-informed and responsive workforce. Uptake should be maximised so the whole workforce is trained to the appropriate level.

As trauma-informed practice becomes standard language, the workforce must continue to upskill, with bespoke training tailored to children’s settings, relationships and experiences.

Trauma-responsive social work is being embedded through national leadership by Scottish Government and OCSWA, including support for NQSWs, post-qualifying social workers and reflective supervision. NTTP and tailored trauma training should be integrated into social work, education, legal and health professional training.

Victims, Witnesses and Justice Reform (Scotland) Act 2025 introduces trauma-informed practice in courts:

  • Defines trauma-informed practice for court proceedings (s.114), aiming to avoid re-traumatisation and enable effective participation.
  • Requires proceedings to be conducted and scheduled in line with trauma-informed practice.
  • Extends special measures in civil cases, with specific consideration for children.

Commencement dates are still to be confirmed.

Children (Care and Justice) Act 2024 requires children’s hearings to have due regard to the effects of trauma and to minimise further harm.

Early identification and support for SLCN, neurodivergence and mental health needs is essential—ideally before or at first justice contact—to support participation and appropriate responses.

Workforce capability must be strengthened through cross-sector training, screening and information-sharing, building on good but inconsistent practice (e.g. communication passports and the CRIG SLCN screening tool).

National leadership is required to address inadequate access to developmental assessments and long waits, including improved funding, service redesign and co-located SLT and neurodevelopmental support in justice settings, in line with UNCRC General Comment 24 (para 28).

Children in police custody experience custody as frightening and traumatising, with rights and needs often unmet.

The YJIB Children in Police Custody Working Group (established March 2025) focuses on:

  • Reducing the number of children in custody, time spent there, and improving experiences and safety
  • Preparing for commencement of 2024 Act provisions
  • Creating alternatives to police custody
  • Considering legislative change to remove the need for police custody to uphold children’s rights.

Further areas piloting the Developmental Wellbeing Approach.

Commencement for trauma-related provisions of the Victims, Witnesses and Justice Reform (Scotland) Act 2025.

Creation and pilot of a communication needs and rights gathering tool (initial assessment and passport) – Speech, Language and Communication Needs (SLCN) Subgroup, under the Children’s Rights Implementation Group (CRIG), under the Youth Justice Improvement Board (YJIB).

June 2026: formal launch of the Scottish Social Work Partnership.

Commencement of s.2 of the Children (Care and Justice) (Scotland) Act 2024.

Further roll-out of the Developmental Wellbeing Approach – CYCJ and the Promise.

Review and refining of communication needs and rights gathering tool (initial assessment and passport) - SLCN Subgroup, under Children’s Rights Implementation Group andYouth Justice Improvement Board (YJIB).

Scottish Higher and Further Education providers will have incorporated NTTP/ bespoke content into the relevant courses.

Expected full commencement of Victim, Witnesses and Justice Reform (Scotland) Act 2025.

Wider roll out and funding agreement for communication needs and rights gathering tool accompanying training – either in person or eLearning platform – SLCN Subgroup, under CRIG, under YJIB

Significant progress towards Police training on the needs of children and greater understanding of decision making of arresting officers – Police Scotland

Place of Safety Pilot areas agreed – Police Custody Group, under YJIB.

Notable progress towards co-location of Speech and Language Therapists (SLTs) and availability of neurodevelopmental assessment within justice settings.

Whole sector trained in NTTP and regularly refreshing with additional courses developed as specific to roles in child and justice.

All local authorities trained in the Developmental Wellbeing Approach.

Social Work Services and related workforce retention and recruitment issues alleviated.

Legislative amendment in place to remove the need for children to be taken to a police station to be charged and processed (Criminal Procedure (Scotland) Act 2016) – Police Custody Group, under YJIB, and Scottish Ministers.

Who needs to work on this:

Local Authorities, Health Boards, Scottish Government, Third Sector, Education 

Children’s Rights Scheme: The Children’s Rights Scheme is the Scottish Government plan to uphold the UNCRC in practice. It includes obligations and commitments, set out as ‘arrangements’ (actions), which will be reviewed annually. Under arrangement no.35 (see page 24) the Scottish Government have committed to focus initially on Articles 37 & 40 in developing indicators to measure Scotland’s progress in complying with the UNCRC. Scoping of applicability of published Indicators took place in 2025, with work progressing in 2026. This will create opportunities to better track progress under the promise regarding children in conflict with the law.

Training of Judiciary and Legal Services – relates to outcome 2 above also: Children in conflict with the law require adequate legal representation, by lawyers registered for working with children and to work in criminal law. This must apply regardless of whether they are being dealt with in the CHS or court. Lawyers representing children will have awareness of and training in working with children, prevalent needs of children in the justice system, and of trauma informed practice, and the time required to practice in this way when representing children. This will require amendments of the current Scottish Legal Aid Board (SLAB) re-numeration scheme, currently a barrier to the ability of lawyers to practice in a child centred and trauma informed way.

Training for solicitors by Clan Childlaw on representing children, accredited by the Law Society of Scotland must continue to be promoted, with the Good Practice Guide to Representing Care Experienced Children & Young People in Police Custody published by Fiona Dyer of CYCJ and Irina Beaton of the Law Society in 2021. CYCJ have also forged links with the Judicial Institute, delivering training for Sheriffs on working and communicating with children, particularly those who have experienced trauma and other vulnerabilities. Webinars and further training events to upskill the workforce to meet the rights of children in the court system are planned to the whole-sector, as well as specifically tailored to the Judiciary and the legal profession, jointly delivered by CYCJ, Clan Childlaw and speech and language specialists.

Child Specific Assessments and Reports: Article 40 of the UNCRC provides that justice systems for children are separate to that of adults due to the considerations required of their unique stage of development. Children in the court process currently have reports completed which were designed for use with adults, incorporating adult risk assessments and based on adult-centric theories of desistance, without clear direction to consideration of the lack of autonomy children have over their environments.

Reports assessing needs and recommending interventions and disposals for children will be needs led and developmentally, systems and trauma informed, seeking to promote their best interests and rights, as-well as behavioural change and rehabilitation. This will be the case regardless of whether the child is being dealt with voluntarily, via EEI or Diversion, or the CHS or Court. Despite some good practice, these reports may be completed by Social Workers used to working with adults, who may not hold the Best Interests of the Child (Article 3) in mind when making decisions, or adapt processes accordingly, such as taking into account the views of parents/ ‘carers (Article 5). CYCJ are in discussions with Scottish Government to further develop a Justice Social Work Report that considers the rights of the child and their developmental stage.

Commencement of s.16 of the Children (Care and Justice) (Scotland) Act.

Launching of Rights in Court Guidance Toolkit by the Youth Justice Improvement Board and accompanying Webinars to wider sector, Judiciary and Bar Associations – CYCJ, Legal Sector, Judiciary, Scottish Courts and Tribunals Service.

Exploring of guidance relating to adaptations for children to be incorporated into the Equal Treatment Bench Book.

Completed court mapping and plan of where child-friendly approaches need further action created –Scottish Courts and Tribunals Service.

Amendments to guidance on Justice Social Work report for children, incorporating children’s rights, youth-focussed pathways away from conflict with the law, and age/ behaviour appropriate risk assessment tools.

By April 2027 all aspects of the Children (Care and Justice) Act will have been implemented. This will result in several changes to the way in which children accused of criminal matters are responded to within court, including the following:

  • Increased developmentally informed assessment of all children entering court.
  • Rights respecting courts processes where children are supported in accordance with their needs and developmental stage, proceedings adapted to support their participation and are trauma informed.

It will have been accepted that traditional criminal courts are not settings in which children’s rights can be upheld and where they can be heard (pg. 41) and alternative approaches will have been developed.

There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.

It will have been accepted that traditional criminal courts are not settings in which children’s rights can be upheld and where they can be heard (pg. 41) and alternative approaches will have been developed.

Who needs to work on this:

Scottish Government, Children's Hearing Scotland, Scottish Children's Reporter Administration, Police Scotland, Third Sector, Justice Social Work, Scottish Courts and Tribunals Service.

Whilst progress has been made in increasing the age of criminal responsibility, Scotland’s ACR (12) is still some way off the “most progressive global governments” as called for in the promise.  Higher ACRs can be found within the European Union and in South America, amongst other places. The ACR recommended by the United Nations Committee on the Rights of the Child is 14, moving to 15.

In order to achieve the conclusion of the promise, Parliament should take this opportunity to further increase the ACR.  Implementation of this change should not be unduly delayed, mindful of the 2030 timeframe.

Building on the Statutory Review Period Report to Scottish Parliament, December 2025, the new Scottish Government to set out its planned approach to achieving the ambitions of the promise in relation to the age of criminal responsibility. This route map will be updated at that point.

While the minimum age of criminal responsibility remains under 18, all children should have access to timely assessments of developmental age and capacity at first contact with the law, so that those who are chronologically above the minimum age but developmentally below it are not prosecuted, in line with UNCRC Article 40 and General Comment 24 (para 28).

Safeguards against Criminal Exploitation of Children (CEC) should be enhanced, as there are concerns amongst the workforce that organised criminal enterprises may target children under the Age of Criminal Responsibility (ACR) as part of their activities. Increased awareness and skills development amongst Police is required, supporting them to identify CEC more broadly, and amongst children below the ACR more specifically. This will require police colleagues, other corporate parents and the wider society to develop rapport and trust. Police Scotland’s “Act Don’t React” programme and trauma informed policing should be rolled out across Scotland.

An increase in appropriately trained Child Interview Rights Practitioners must be in anticipation of the increase in children under the ACR who may require to take part in investigative interviews.

To support further, future increases in ACR a series of work should be commissioned to achieve the strengthening ability of, and confidence in, the existing responses that are given to children under the ACR who believes to have caused the highest level of harm.

Scotland’s local authorities, police and third sector should refine existing Early and Effective Intervention forums and process in order that episodes of harm by a child (both below and above the ACR) can be responded to in a non-statutory basis.  This requires Scotland to reflect on fundings and commissioning of third sector organisations who are best placed to deliver EEI responses.

Increase community confidence by clearly communicating the immediate responses available when a child under the ACR causes harm, and the longer-term support available through existing services. To strengthen Scotland’s readiness for any further rises in the ACR, Police Scotland, social work, SCRA and partners should publish data showing the limited impact of raising the ACR from 8 to 12, and the effects of any changes made at the 2025 review.

There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.

There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.

There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.

Who needs to work on this:

Scottish Government, Children's Hearing Scotland, Scottish Children's Reporter Administration, Police Scotland, Third Sector, Justice Social Work, Scottish Courts and Tribunals Service.

Other route maps this links to:

Intensive family support

Rights and restraint

As of August 2024, no children were accommodated within any Young Offenders Institution (YOI) in Scotland, and all children sentenced to a period of detention or on remand are placed within one of Scotland’s four secure children’s houses. As such, this conclusion of the promise has been realised, but to secure its success Scotland requires further commitment from parliamentarians to support the secure care estate.

Whilst Scotland has achieved the end of detention within prison-like settings, there are several steps that can be taken in order to further develop the secure arena. Whilst children have been removed from the custodial environment into a secure one, further adaption and improvement to the secure estate can be achieved. The Reimagining Secure Care consultation (being launched December 2025) will provide Scotland the opportunity to consider the recommendations of the earlier Reimagining Secure Care report, and consideration in the way that the secure space environment is delivered.

The demand upon secure care is increased due to the ongoing delays in the processing of criminal matters, resulting in children spending two years on remand on occasion (and thus before any conviction has been secured) and with that, deprived of their rights to engage in age-appropriate activities.

The Children (Care and Justice) (Scotland) Act contains provisions that would entitle children who turn 18 to remain within the secure estate up until their 19th birthday (at the latest). This component of the Act has not yet been enacted however meaning that children must move to the prison estate on their 18th birthday. There are a number of steps that are required to achieve this conclusion.

Although the law already restricts secure care to cases where all alternatives have been tried, further measures have strengthened this, including guidance on alternatives to deprivation of liberty, the Reimagining Secure project, UNCRC incorporation, training for panel members on 16-17 year olds, and the Children (Care and Justice) (Scotland) Act.

An inequity remains in emergency early-release provisions: only children in the custodial estate can be considered, not those in secure care. With more 16-17 year olds likely to enter secure care via the courts as YOIs end, this should be addressed to reduce time in secure care and ease capacity pressures.

Provision also varies across Scotland for children at highest risk. Areas with secure screening and multi-agency decision-making have reduced secure care use, but many local authorities lack specialist services able to support these children effectively.

Scottish Government set out a two-phased delivery roadmap (system reform + testing): Phase 1 2025/26–2027/28 focused on capacity restoration/reinforcement and contingency planning (restoring capacity, building resilience). Over £4m funding has been committed to establish three four-bed secure houses, plus a further four-bed contingency resource.

Resource must be provided to Scottish Courts and Tribunal Service, COPFS, judiciary and all other components of the court process in order to reduce the backlog of criminal matters, prioritising matters where the accused person or victim is under the age of 21. This could have the benefit of reducing the remand population within secure care and custody, thus providing additional capacity, and limiting any periods of deprivation of liberty.

Preparations will continue for the remainder of the elements of the Children (Care and Justice) (Scotland) Act 2024 to be enacted by April 2027. Once enacted, this will afford children who turn 18 years of age the opportunity to remain there until their 19th birthday. Criteria as to how to manage the transition from secure into YOI will be required, with Scottish Prison Service and the secure providers leading on this task.

Guidance will be developed on how decisions will be made on a case by case basis to determine whether a young person can remain in secure care, and for how long.

In collaboration between Scottish Prison Services and the secure care providers, guidance on smooth, trauma-informed transition from secure care into YOI will be created.

Publication of revised Movement Restriction Condition guidance in advance of changes to Movement Restriction Condition criteria in 2027, at the latest.

Parliament should consider how best to ensure equity between those detained within the prison estate, and those within secure care by virtue of a period of detention imposed by court. This may require extension of Home Detention Curfew legislation into secure care or the development of an equivalent mechanism.

Resource must be provided to Scottish Courts and Tribunal Service, COPFS, judiciary and all other components of the court process in order to reduce the backlog of criminal matters, prioritising matters where the accused person or victim is under the age of 21. This could have the benefit of reducing the remand population within secure care and custody, thus providing additional capacity, and limiting any periods of deprivation of liberty.

By April 2027 at the latest, all elements of the Children (Care and Justice) (Scotland) Act are intended to have been enacted. Once enacted, this will afford children who turn 18 years of age the opportunity to remain there until their 19th birthday. Criteria as to how to manage the transition from secure into YOI will be required, with Scottish Prison Service and the secure providers leading on this task.

Scottish Government will review existing and future secure care transport arrangements to ensure the provision is fit for purpose to meet current and future needs of children.

Expected development of Secure Care regulations.

In supporting a new cohort of young adults, secure care providers will require to consider how best to support 18-year-olds and making links to age-appropriate training and education services are necessary.

A training package will be rolled out across Scotland that increases the knowledge and confidence of police, social work, SCRA and panel members regarding the use of Movement Restriction Conditions. This will support better decision making in relation to use of this, which in turn can limit use of secure care. CYCJ will revise practice guidance on alternatives to deprivation of liberty on a yearly basis.

Scottish Government's Secure Care Roadmap will enter Stage 2: Phase 2 2028/29–2029/30 focused on road-testing/readiness for “reimagining” and applying learning from piloting, testing and evaluation.

By 2028, children should have the option of staying within a secure accommodation beyond their 18th birthday, with a planned transition put in place that best supports them to make a move over to the prison estate if necessary.

COSLA, Scottish Government and other relevant partners should undertake an audit of available resources that meet the needs of children who pose – or are exposed to – the highest levels of risk. This should lead to an understanding of what services are lacking, and which areas of the country are less well resourced. These partners then require to develop a plan that sees the regional pooling of resources, or creation of in-house resources at local authority level, that addresses this gap in service provision. This audit should be held in 2028 in order that the outcomes of the Reimaging Secure Care project may be realised, with ‘flex secure’ and ‘community hubs’ perhaps forming some of the responses to those who meet this high threshold of need and risk.

There are no milestones identified for this year yet. Once progress is made in earlier years, the work required in this year will be clearer and milestones will be added here.

The Scottish Government's vision for secure care, embedded in the 'reimagining secure care roadmap' will have been implemented. This includes:

  • Transforming the purpose, delivery and infrastructure of secure care, ensuring Scotland's response to the small number of children who require this level of care and support is fundamentally different.
  • Addressing inconsistencies across care settings and strengthening alignment between services, ensuring a coherent, rights- based approach that places children at the centre of decision-making.
  • A reduction in the reliance on secure care, with children only living in secure care when absolutely necessary and never as a default escalation when other help and support has failed.
  • Planning and provision of secure care is based on need, ensuring both sufficient places for children and expansion of accessible, community-based alternatives aligned with intensive family support principles.
  • Placing therapeutic, trauma-informed care at the heart of secure provision.

Who needs to work on this:

Scottish Government, Secure Care providers, Children's Hearing Scotland, Scottish Children's Reporter Administration, Police Scotland, Third Sector, Justice Social Work, Scottish Courts and Tribunals Service.

What matters to children, families, and care experienced adults

If I am in conflict with the law, I am treated as a child who is in need of love, support and safety, like any other child.

If I have to be in contact with any part of the justice system, I can still thrive, my health, wellbeing and education are prioritised and my opportunities are not limited or negatively impacted by that contact.

I am supported to overcome any longer-term impacts that being in conflict with the law has had on my life.

Find out more about what matters here