Citizen Participation and Public Petitions Committee 25 June 2025
Of course. I know that you raised other issues, Mr Carlaw, but on support, protection and information for victims, a lot of these issues were discussed during the passage of the Children (Care and Justice) (Scotland) Bill, which became an act in 2024; there was recognition of a lot of the issues that you have described.
I am certainly aware of that particular victim’s views, which you expressed, about the incredibly traumatic incident that they suffered. It is a familiar narrative that there is a perception that the child who has been harmed—it is often a child who has been harmed by another child—feels that they have not been provided with the same level of support as the child who caused the harm. That is a perception: it might not in fact be the case—but it might be. What is important, however, is that that is the perception, and it needs to change. That has been recognised through a number of different routes. The 2024 act has in place provisions that should at least begin to go some way to addressing those concerns.
At the moment, there is a limit to how much information can be shared when a child is referred to the children’s reporter and to the children’s hearings system. That is, of course, because of the rights of a child to privacy and confidentiality, which have to be balanced against the rights of the victim and their family to know what is happening. At the moment, the amount of information that can be shared is prescribed in statute, and it is very restricted. We can say only what our decision is and what the decision of the hearing is, without any further detail. The 2024 act broadens how much information can be shared and it has a specific focus on safety and risk planning around the victim. I believe that it also places a duty on the Scottish Government to ensure that supports are in place for victims. It will be setting up what is referred to as a single point of contact service for victims, where they can be provided with a broad suite of information to help them to understand what is happening in relation to the child who has caused the harm, and it will either provide or, at least, signpost to the provision of therapeutic services that might be required to deal with the trauma that they have suffered.
That is all in place and there are currently lots of discussions, workshops and design discovery phases going on to scope and design what that service might look like. There is also work beginning on quite complex new provisions around information sharing—when information can be provided and the circumstances in which it is appropriate to do so.
I would add that we have almost completed some research of our own, which we commenced following parliamentary debate during the passage of Children (Care and Justice) (Scotland) Bill. It is likely to report in August of this year. It is looking at what will help and support the victims of children who cause harm and, no doubt, will contain some recommendations on that. All of that will inform what happens next.
I add a word of support for the Lord Advocate because, as she says, she has really championed the cause of victims and taken it to a different level. That has been principally through the vehicle of the victims task force, which she jointly chairs with the cabinet secretary and which the Scottish Children’s Reporter Administration is part of.
You referred to the fact that these petitions are from 2022, so a lot of action has been taken since that time.