– in the Scottish Parliament at on 9 November 2023.
Michelle Thomson
Scottish National Party
2. To ask the Scottish Government how it will balance the rights of victims with the rights of the accused in the processes developed by the Children (Care and Justice) (Scotland) Bill. (S6O-02705)
Natalie Don
Scottish National Party
I am very conscious of the need to ensure that the rights of victims and the rights of referred children are balanced, and I am aware of the concerns around that issue, as I have reflected in my evidence to the Education, Children and Young People Committee and my meetings with individual members.
The bill’s provisions seek to balance the rights, needs and expectations of victims, and of the parents or carers of child victims, with the rights of referred children. I assure the member that amendments to further improve support for victims are being considered for stage 2.
The bill will ensure that there is scope for referral of all children to the principal reporter, removing the barriers that meant that children already had to be in the hearings system before turning 16 if they were to get support through that system. Importantly, the bill will also allow referrals for children who are themselves victims within their family home.
Michelle Thomson
Scottish National Party
I concede that the evidence tells us that it can be difficult for Government to juggle the rights of distinct groups. As the Minister suggests, the Education, Children and Young People Committee has raised a number of concerns about the lack of consideration thus far of the needs of child victims within the children’s hearings process.
Just yesterday, Victim Support Scotland highlighted a father’s concerns about the lack of information and support and challenges with regard to safety planning for victims. Ian said:
“I would not wish on my worst enemy what we had to go through as a family.”
I appreciate that the minister cannot yet disclose the planned amendments to the bill, but will she reiterate that she takes seriously the significant concerns expressed by multiple agencies and by the ECYP Committee, and will she ensure that the rights of child victims are given the same focus as those of child perpetrators?
Natalie Don
Scottish National Party
I am really sorry to hear about the situation that Michelle Thomson has outlined and I thank her for raising a really important issue. Whether a child’s behaviour is dealt with by the criminal justice system or the children’s hearings system, we must absolutely ensure that we meet the needs of victims and their families. I again assure the member that I am absolutely alive to the issues that she raises. In fact, I have met Victim Support Scotland to discuss the bill and those issues.
As I said in my initial answer, making further improvements to support for victims will be a key consideration during stage 2 of the bill process. I would be happy to meet with the member to discuss that in more detail.
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