Movement Restriction Conditions in the Children's Hearings System

The Scottish Children’s Reporter Administration (SCRA) carried out this research to learn more about the backgrounds of children who have received Movement Restriction Conditions (MRCs) and the reasons for this, and to analyse the decision-making process within the Children’s Hearings System leading up to the MRC being made.

An MRC is a condition within a Supervision Requirement “restricting the child’s movements in such a way as may be specified in the supervision requirement”. The MRC also requires the child to comply with monitoring arrangements for the restriction of movement.  The prescribed method of monitoring compliance is by way of an electronic tag. Movement Restriction Conditions form part of the Intensive Support and Monitoring Services (ISMS), constituting the monitoring aspect. As the name suggests, along with an MRC the child must receive intensive support. The responsibility for delivering the intensive support package rests with the local authority. The Scottish Executive has taken a phased approach to the introduction of MRCs, beginning from April 2005 in seven local authority areas.

Findings: Children

• Four children had always lived in the family home.  The other 24 children had more complex living histories. Eleven had been in both residential accommodation and secure accommodation at some point in their lives, a further five had spent time in secure accommodation and six in residential accommodation. Immediately prior to receiving MRCs, the most common place for the children to be living was in the family home.

• For 27 children (96%) there were significant concerns around their alcohol use. Six also had main carers with alcohol issues; all of these children themselves had concerning alcohol use.

• Twenty-three of the children (82%) had used drugs at some point in their lives. Six had main carers who had, or had previously had, misused drugs; five of these children had personal drug use issues.

• Twenty-six children (93%) had histories of non-attendance at school. For most, this was a situation that had endured for some years prior to having their movements restricted. Seven of this group had poor literacy and/or numeracy skills.

• For 26 of the children (93%), there were concerns regarding their peer groups.

• Twenty-two children (79%) had a history of absconding from residential establishments; this is 92% of the children who had lived in residential accommodation.

• Eleven children (39%) had physical and/or mental health problems. For five of these children (18%) self harm was a particular issue.

• Seven children (25%) had behavioral difficulties; typically this was a confirmed diagnosis of ADHD.

• Fourteen children (50%) had main carers with physical and/or mental health problems.

• Sixteen children (57%) were recorded as having a problematic relationship with at least one parent.

• Nineteen main carers (68%) had concerns about their parenting recorded, 13 of whom (46%) were also noted as having a problematic parent/child relationship.

• Eight children (29%) had suffered neglect and/or abuse.

• Ten children (36%) had suffered a significant family bereavement.

• Ten children (36%) had a history of domestic abuse in the family home.

• Eight children (29%) had a family history of offending.

• All except two children were aged 12 years or under at the time of first referral to the Reporter. The youngest age of first referral was two months, the oldest was 13 years. The most common ground/s of first referral under the Children (Scotland) Act 1995 were alleged to have committed an offence (ten children), victim of a Schedule 1 offence (seven children), lack of parental care (five children), and being beyond the control of a relevant person (four children).

A full copy of the report can be found below.