Meeting of the Parliament 15 November 2023
Let me be clear from the start: Foxgrove is an essential service for children and young people with complex mental health needs. There is currently no other service in Scotland that can meet those needs. If the amendments are not passed, Foxgrove will be unable to maintain a safe and therapeutic hospital environment for young people who require care in a medium-secure facility.
I reassure members that the safety and security regulations sit within a comprehensive legal framework of the Mental Health (Care and Treatment) (Scotland) Act 2003, which is designed to uphold patients’ rights while ensuring their safety and that of those caring for them. Of course, children and young people have different levels of need and maturity to adults and they require developmentally appropriate support. I reassure members that, prior to admission and throughout their stay in Foxgrove, children and young people will be involved in supported decision making around all aspects of their care and treatment.
I have been clear that, in line with the safeguards that are built into the regulations and the 2003 act, the measures will be applied only when necessary and in a proportionate way that is sensitive to the developmental stage of the child or young person. The approach will be consistent with that employed for children in secure care and, in particular, the secure care standards and pathways.
Patients who are appropriately admitted to medium-secure conditions present significant risks to others, including staff and peers, and the regulations allow the clinical staff to take proportionate measures to maintain a safe environment. There is no intent to be punitive. In the absence of those powers, it would be impossible to maintain the necessary safe, therapeutic hospital environment that is needed to promote recovery.
I ask members, please, to be assured that when the measures are applied they will uphold and protect the human rights of children and young people, in line with our commitment to the UNCRC. The regulations also allow scrutiny and oversight by the Mental Welfare Commission for Scotland.