The Children and Young People’s Commissioner has launched an investigation into Police Scotland’s use of force against children.
Data from the Scottish Police Authority (SPA) shows that children in Scotland are more than twice as likely to experience use of force by the police than adults.
Launching the investigation on World Children’s Day (20 November), Commissioner Nicola Killean said: “All children under 18 have the right to be treated with humanity, dignity and in a way that takes into account the needs of their age. Children in conflict with the law must be treated first and foremost as children.
“This year, the United Nations Convention on the Rights of the Child (UNCRC) came into law in Scotland. Police need to take a human rights-based approach which treats children with care, sensitivity, fairness, and respect. Our investigation will review the data held by Police Scotland and after analysis, we will publish a set of recommendations.”
Police Scotland reports quarterly on use of force, with figures showing that in 2023/24 there were 1,115 uses of force against children.
Their definition of force includes using batons, irritant sprays, leg restraints, spit hoods, and ‘empty hand techniques’ – when officers are not holding tools like batons. They report separately on Tasers and strip searching. However, the published data is limited and relatively high level – for example, some categories cover a very wide range of techniques, each with different rights impacts on children.
Nick Hobbs, Head of Advice and Investigations for the Commissioner’s office, said:
“The fact that children are much more likely to experience police force is of serious concern – use of force can be deeply traumatising.
“By using the Commissioner’s powers of investigation, we will establish what further data Police Scotland holds beyond what is in the public domain. For example, we simply do not know much about the level or frequency of force used, as well as factors such as the child’s age, their sex, race, and whether they are disabled or care experienced.
“Use of force by the State against children must be properly and fully scrutinised and that requires access to disaggregated data.”
The UN told the UK and Scottish governments last year that some forms of police use of force against children should be banned. The Children’s Commissioner will involve partners through the National Preventive Mechanism to make recommendations that better secure rights protections for children in conflict with the law.
The National Preventive Mechanism is a human rights organisation mandated by the United Nations Optional Protocol to the Convention Against Torture (OPCAT) to prevent ill-treatment of people deprived of their liberty through proactive scrutiny of places of detention.
The Commissioner’s office has led a number of high-profile investigations, including into the use of restraint and seclusion in schools, local authority duties around secure accommodation, and the provision of mental health counselling in secondary schools.