Vision statement eight: “Scotland must stop locking up children who have often experienced the failures of the state in the provision of their care.
Experience by Vision Statement 8: Justice
What children and young people say
This section presents the evidence through an experience lens, focusing on what justice has felt like for care experienced children and young people since 2020.Click on the take me to navigation pane and jump to different sections here, including sources.
Across materials reviewed, experiences with the justice system and secure care were shaped by a desire for understanding, fairness, and safety. Young people described stigma, inconsistency, and frightening or painful encounters that could have a lasting impact. While some found supportive relationships, others felt hopeless or unsupported due to limited community options and crisis-driven responses. Much of the evidence focused on experiences with the police, but children and young people who were victims or witnesses also spoke about feeling scared or confused during legal processes. Together, these reflections highlight the need for trauma-informed approaches, earlier community support, and more positive everyday interactions with justice services to reduce harm and prevent justice involvement.
To see what changes Scotland is making and still has to make for the promise to be kept, click on the justice route map in Plan 24-30. See more about the work of change across Scotland here.
- I feel like I am already seen as a troublemaker because of my care experience.
- It feels like officers have made up their minds about me before they even know me.
- I get treated differently, like I am automatically suspected of something.
- I feel like I cannot report things because I will not be believed.
- It feels like I am always being watched.
Young people described a deep sense of being judged or criminalised simply because of their background. Some noted that when police were called to residential homes, they could feel labelled or treated as though they had done something wrong before anything was explained. This reinforced distrust, made seeking help feel risky, and contributed to a sense of injustice.
- I do not know my rights when I am in custody.
- Things happen too fast and I cannot keep up.
- Different officers act differently and I do not know what to expect.
- Restraint or cuffs are used even when I am doing as I am being asked, and no one explains why.
Young people described fast-moving situations, inconsistent practice, and limited explanations about what was happening or why. Painful or frightening experiences during arrest or transport deepened confusion and added to a sense of powerlessness. Differences between officers or situations made it harder to feel safe.
- Secure care feels like the only option when I did not get the help I needed earlier.
- Community support does not feel like it works for me.
- It starts to feel like no one believes I can change.
- Justice responses feel more about punishment than help.
The evidence highlighted how limited early and community support can lead to crisis-driven responses, including police involvement and secure care. In the materials reviewed, children and young people described feeling pushed into justice settings after repeated unmet needs, rather than supported to stay safe in their communities. When help only arrived at crisis point, justice responses can feel punitive and reinforce a sense of hopelessness and reduced choice.
- Police meet me in everyday places, like school or during activities I enjoy.
- Police listen and take time to understand what is happening.
- Officers show that they care and want to help.
- Things are explained slowly and clearly, sometimes with videos or support from staff I already know.
- When I am a victim or witness, adults help me understand what will happen and stay with me so I do not feel alone.
Young people felt safer when interactions were calm, relational, and predictable. While many reflections focused on the police, children and young people in victim and witness roles also emphasised the importance of clear explanations, and being supported by trusted adults. Recognising trauma and stigma helped young people feel seen rather than judged.
- People encourage me to share my ideas and take them seriously.
- I can use my experiences to help others.
- Officers or staff try to understand what it is like to be me.
Feeling heard helped young people build trust and a sense of agency. When adults showed genuine interest in their views and experiences, young people felt more able to participate in decisions affecting them.
What this tells Scotland
This section draws together what the evidence considered shows about how experiences of justice are felt by care experienced children and young people, and how these experiences shape safety, trust, harm and hope. It is intended to be informative, helping to show why these experiences matter and why they should inform what happens next. The focus is on naming impact and consequence as described in the evidence, drawing attention to patterns that remain unresolved and where continued attention is needed.
Across the evidence, children and young people describe being judged or treated as suspicious because of their care experience. This sense of being criminalised, rather than understood, undermines trust in adults in authority and makes seeking help feel risky. When children and young people feel they will not be believed, including when they are victims of harm, justice processes can become a source of fear rather than protection.
Fast-moving situations, inconsistent practice and limited explanation leave children and young people feeling confused and powerless. Where restraint or force is used, it is described as frightening and painful, and as deepening distress rather than restoring safety. These experiences are closely linked to adult responses that did not prioritise de-escalation or understanding, at times leading to the use of force in situations where children and young people were already distressed. The impact can be lasting, compounding earlier trauma and reinforcing a sense that adults cannot be trusted to keep them safe.
The evidence highlights how gaps in early and community support shape later justice involvement. When help arrives only at crisis point, children and young people described being funnelled towards police involvement or secure care as the only remaining options. Secure care is then experienced not as a protective last resort, but as an inevitable outcome of unmet need, reinforcing feelings of being trapped and written off.
Children and young people described feeling safer when justice encounters were calm, relational and predictable. Everyday contact, clear explanations and adults taking time to listen reduce fear and distress, including for those involved as victims or witnesses. Where trauma and stigma are recognised, justice involvement is less likely to deepen harm.
Having their views taken seriously helped children and young people feel some control within justice processes. When adults showed genuine interest in their experiences and perspectives, trust was more likely to grow. This sense of agency supports hope and reduces the likelihood that justice involvement becomes another source of lasting harm
Sources Referenced
The purpose of the below citations and summaries is to ensure that sources used are clear and accessible. Web links to the sources are provided, where possible.
Document summaries are provided for any document where analysis produced more than ten ‘coded segments’. ‘Coded segments’ refer to portions of a document that analysts identified and labelled as relevant to the key themes for each Vision Statement.
All documents that have informed the development of the Vision Statement, even if they had fewer than 10 coded segments, are cited in the ‘Additional Sources’ box below.
This review, published by the Care Inspectorate in July 2024, was requested by the Scottish Government; its purpose was to examine the experiences of children and young people placed in residential care in Scotland from other parts of the UK, known as cross-border placements. The review also aimed to understand the impact of these placements on local and national public services in Scotland.
The review found that decisions for cross-border placements were often made due to safety concerns and a lack of suitable care options in the young people's home areas. Young people rarely chose to move to Scotland and often felt unprepared for the move, with some experiencing shock at being so far from home.
Education planning for these young people was often delayed or inconsistent, leading to limited educational experiences for some. While primary healthcare was generally accessible, mental health services were much harder to access. The review highlighted that host authorities and placing authorities did not consistently work together effectively, leading to challenges in providing support and managing emergencies.
Key issues identified included a lack of information sharing before placements, which affected the ability of Scottish services to plan for education, health, and social care. The report concludes with several areas for further discussion, focusing on improving pre-placement planning, strengthening accountability for promised services, clarifying roles and responsibilities, ensuring support for young people wishing to remain in Scotland, improving data collection, and enhancing understanding of relevant legislation.
Cross Border Thematic Review: July 2024. Care Inspectorate, 2024. https://www.careinspectorate.com/index.php/news/7674-cross-border-thematic-review.
This report was written by the Children and Young People’s Centre for Justice (CYCJ) and commissioned by the Scottish Government. Its purpose is to create a new vision for secure care in Scotland, aiming to reduce the number of children deprived of their liberty and remove children from Young Offender Institutions (YOIs) by 2024, aligning with the Children (Care and Justice) (Scotland) Act 2024 and the UNCRC. The report builds on previous recommendations that no child should be in secure care, advocating for community-based support.
The vision, codesigned with children, young people, families, and professionals, proposes three core components: Community-Based Hubs, Multi-Disciplinary Teams (MDTs), and Flex Secure. Community Hubs are flexible local spaces offering tailored support, including temporary accommodation during crises. MDTs provide specialised, holistic, 24/7 support, ensuring continuity and integration across services, with a key person maintaining a consistent relationship with the child and family. Flex Secure offers intensive 24/7 care for children in home-like environments within communities, with adaptable security and a focus on family involvement and education.
These components are guided by principles such as child and family inclusion, whole family support, balanced empowerment of rights and liberty, education as a foundation, public protection, trauma-transformative practice, and a trained workforce. The report highlights the need for collective agreement, resource realignment, and public engagement to achieve this vision, which aims to keep children close to their families and communities while ensuring their safety and wellbeing.
Reimagining Secure Care - Final Report: A Vision for the Reimagined/Future World. Children and Young People’s Centre for Justice (CYCJ), 2024. https://www.cycj.org.uk/wp-content/uploads/2024/09/Reimagining-Secure-Care-Final-Report.pdf.
This Impact Report, produced by Matter of Focus, evaluates Includem's ADAPT for CashBack project. The report aims to show how the project has made a difference to young people and families, and how it has contributed to local services in West Dunbartonshire. It combines Includem's own evidence with independent data and evaluation processes.
The Includem ADAPT for CashBack project, funded by the Scottish Government, provides early help to children and young people aged 10-15 in West Dunbartonshire who are at risk of offending, along with their families. The project focuses on building confidence, improving skills, health, and wellbeing, and diverting young people from criminal behaviour. It also aims to strengthen support networks and help young people contribute positively to their communities.
Key findings highlight the project's success in building strong relationships with young people and adapting to challenges like the Covid-19 pandemic. It has supported 162 young people, with many achieving Dynamic Youth Awards and reporting increased confidence and better behaviour. The project fills a crucial gap in community-based, preventative services, acting as a bridge between various agencies. Case studies illustrate the complex family situations and the holistic support provided, including help with education and addressing issues like fire-setting. The report recommends Includem continue to use diverse evidence, reflective logs, and data analysis to improve their work.
Matter of Focus. Impact Report Year 3: Includem’s ADAPT for Cashback Project. Includem, 2024. https://www.matter-of-focus.com/wp-content/uploads/2024/01/Includem-ADAPT-for-CashBack-Evaluation-Report-22-23.pdf.
This Phase One report on the North Strathclyde Bairns Hoose Evaluation was published in March 2023. The report aims to understand the current experiences of children and families in North Strathclyde after abuse or mistreatment, and to evaluate the development process of the Bairns Hoose—Scotland's first adaptation of the European Barnahus model.
The evaluation identifies areas where current systems can be challenging for children and families, including delays in accessing therapeutic support, lengthy justice processes, communication difficulties, and aspects of court proceedings that can be experienced as distressing. The report recognises that these experiences are shaped by wider system factors such as unclear professional roles, short-term funding arrangements, and services working across different structures.
Alongside these challenges, the Bairns Hoose project has made progress, supported by a national push for change and Children First’s leadership. Its development has been helped by a national commitment to change, the leadership and advocacy of Children First, and opportunities to learn from established Barnahus models, including in Iceland. The report also reflects on areas requiring continued attention, such as infrastructure timelines, long-term sustainability, and strengthening relationships across agencies. It concludes that openly acknowledging these complexities and fostering shared ownership will be key to enabling the Bairns Hoose to grow, respond to children’s needs, and contribute to learning for wider national implementation.
Mitchell, Mary, Camille Warrington, John Devaney, Peter Yates, and Jennifer Lavoie. North Strathclyde Bairns Hoose Evaluation: Phase One Report. 2023. https://researchonline.gcu.ac.uk/ws/portalfiles/portal/92593848/92438102.pdf.
This report was published by the Scottish Youth Parliament (SYP) in November 2024. The report's purpose is to gather the views of care experienced young people to help shape Police Scotland's Corporate Parenting Plan for 2024-2027. It aims to ensure that the lived experiences of these young people directly influence how Police Scotland interacts with and supports them. A survey was undertaken with 286 people, 115 of whom were care experienced. Five care experienced young people took part in three small focus groups in a secure care setting.
The project involved a Scotland-wide survey and focus groups with Care Experienced Young People. Key findings revealed that 31% felt they were treated like criminals by police, and many perceived police as a threat. Over half of those with justice system experience felt uninformed about their rights in custody. The term Corporate Parent was largely misunderstood, with one young person suggesting the term “Assisted Parenting” could be a more suitable and accessible alternative.
Recommendations focus on improving police perceptions and training, including updating courses to address stigma and promoting trauma-informed responses. The report also suggests wider engagement opportunities for young people to meet officers in non-stressful settings. To address rights, it recommends creating educational materials, continuing efforts to prevent over-criminalisation, and providing signposting to support services. Finally, it advises Police Scotland to use social media to communicate its Corporate Parenting Plan and explain the term in accessible ways.
Engagement with Care Experienced Young People: Results and Recommendations to Inform Police Scotland’s 2024-27 Corporate Parenting Plan. Scottish Youth Parliament, 2024. https://syp.org.uk/project/engagement-with-care experienced-young-people/.
100 Days of Listening was published by Staf (Scottish Throughcare and Aftercare Forum) and The Promise Scotland. It summarises what was heard from care experienced people, family members, and members of the workforce, between 23 October 2023 and 29 February 2024. The purpose was to understand the experiences, hopes, and aspirations of people across Scotland who are moving on from care.
The team heard from 365 people from 24 local authority areas through discussions and surveys. A significant finding was that the inconsistency of care, resources, and staff support across Scotland, was leading to young people feeling isolated and vulnerable.
Four main cross-cutting themes emerged: systems and services, housing, finance, and practical support/life skills. It was highlighted that a lack of future planning, and the use of age-based criteria causes "cliff edges" in support, and difficulties in accessing suitable housing. Financial struggles and a lack of money management skills were also noted by people with care experience and the workforce. The report stresses the importance of trusted relationships and the need for equitable, needs-led support.
There is an urgent need for Scotland to provide fair support for young people leaving care. This transition is crucial, requiring better resources and collaboration with young people to ensure their move is planned, respectful, and meets their individual needs. The information gathered will inform the next phase of the 'Moving On' Change Programme, which involves creating "tests of change" to develop shared standards and principles for a national strategy.
100 Days of Listening. Scottish Throughcare and Aftercare Forum (Staf), 2024. https://www.staf.scot/Handlers/Download.ashx?IDMF=36c14562-d65a-4866-b6bf-685d0462974b.
100 Days of Listening. Scottish Throughcare and Aftercare Forum (Staf), 2024. https://www.staf.scot/Handlers/Download.ashx?IDMF=36c14562-d65a-4866-b6bf-685d0462974b.
Alternative Routes Impact Report 2024-2025. Aberlour, 2025. https://www.aberlour.org.uk/publications/alternative-routes-cashback-impact-report-2024-2025.
Cross Border Thematic Review: July 2024. Care Inspectorate, 2024. https://www.careinspectorate.com/index.php/news/7674-cross-border-thematic-review.
Deacon, Dr Kirsty. Staying Connected: Care experienced Children and Young People with a Sibling in Prison or Secure Care. Scottish Children’s Reporter Administration (SCRA), 2023. https://www.scra.gov.uk/2023/12/staying-connected-research-published/.
Engagement with Care Experienced Young People: Results and Recommendations to Inform Police Scotland’s 2024-27 Corporate Parenting Plan. Scottish Youth Parliament, 2024. https://syp.org.uk/project/engagement-with-care experienced-young-people/.
Matter of Focus. Impact Report Year 3: Includem’s ADAPT for Cashback Project. Includem, 2024. https://www.matter-of-focus.com/wp-content/uploads/2024/01/Includem-ADAPT-for-CashBack-Evaluation-Report-22-23.pdf.
Learning Reviews for Children and Adults in Scotland: Summary Report 2025. Care Inspectorate, 2025. https://www.careinspectorate.com/images/documents/8204/Learning_reviews_for_children_and_adults_in_Scotland_Summary_report_2025_Aug_2025.pdf.
Mitchell, Mary, Camille Warrington, John Devaney, Peter Yates, and Jennifer Lavoie. North Strathclyde Bairns Hoose Evaluation: Phase One Report. 2023. https://researchonline.gcu.ac.uk/ws/portalfiles/portal/92593848/92438102.pdf.
Reimagining Secure Care - Final Report: A Vision for the Reimagined/Future World. Children and Young People’s Centre for Justice (CYCJ), 2024. https://www.cycj.org.uk/wp-content/uploads/2024/09/Reimagining-Secure-Care-Final-Report.pdf.
Russell, Linda, Fiona Turner, Ruchika Gajwani, and Helen Minnis. “‘Everything Is Fear Based’: Mothers with Experience of Addiction, Child Removal and Support Services.” Child and Youth Services Review 170 (2025). https://www.sciencedirect.com/science/article/pii/S0190740925000441?via%3Dihub.
Scottish Mentoring Leadership Programme-Interim Report-Qualitative Process Impact Assessment. Scottish Government, 2024. https://www.gov.scot/publications/smlp-interim-report-qualitative-process-impact-assessment/.
Secure Care Pathway Review. Care Inspectorate, 2023. https://www.careinspectorate.com/images/documents/7293/Secure%20care%20pathway%20review%202023.pdf.
Transitions for Care Experienced Young People: A Thematic Review. Care Inspectorate, 2024. https://www.careinspectorate.com/index.php/news/7820-transitions-for-care experienced-young-people-a-thematic-review.
Whincup, Helen, Linda Cusworth, Maggie Grant, et al. Permanently Progressing? Building Secure Futures for Children: Phase 2 Middle Childhood. University of Stirling, 2024. https://permanentlyprogressing.stir.ac.uk/key-findings-from-phase-2-final-report-and-accessible-summaries/.
Your Voice Matters: A Peer Led Research Project to Explore the Experiences of Unaccompanied Asylum Seeking Children in Scotland. Scottish Refugee Council, 2024. https://scottishrefugeecouncil.org.uk/wp-content/uploads/2024/08/Your-Voice-Matters-YPV-Report.pdf.
Your Voice Matters: A Peer Led Research Project to Explore the Experiences of Unaccompanied Asylum Seeking Children in Scotland. Scottish Refugee Council, 2024. https://scottishrefugeecouncil.org.uk/wp-content/uploads/2024/08/Your-Voice-Matters-YPV-Report.pdf.