Secure Accomodation: The child's rights and the state's obligations

Author: Mhairi R Richards QC | Posted: April 24, 2009

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MARGARET’S STORY – HER RIGHTS AND THE STATE’S OBLIGATIONS

Secure Accommodation (Scotland) Regulations 1996 SI 1996/3255
Regulation of Care (Scotland) Act 2001, s2 (1)(g)
Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 SSI 2002/114
European Convention on Human Rights
United Nations Convention on the Rights of the Child
Children (Scotland) Act 1995
Human Rights Act 1998

Definition of a “Child”.

A child is defined in several ways in Scottish legislation.

In certain circumstances, a child is defined, as in the UN Convention, as being under the age of 18. For example, the Protection of Children (Scotland) Act 2003, which provides for the list of people unsuitable to work with children, defines children as under the age of 18. Part II of the Children (Scotland) Act 1995 places duties on local authorities to promote and safeguard the welfare of children, defined as under 18, by providing services appropriate to their needs, to look after children including provision of accommodation and to provide services for disabled children. Parental responsibilities for providing guidance extend to those aged under 18.

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