Watchdog to probe police use of force on children

An investigation has been launched into Police Scotland's use of force against children.

The Children and Young People's Commissioner (CYPC) probe comes after figures revealed that children are twice as likely to experience the use of force from officers than adults.

Police Scotland said it welcomed the move after quarterly figures showed there were 1,115 recorded uses of force against children between April 2023 and March 2024.

The incidents ranged from officers using batons, spray gas, leg restraints, spit hoods, and empty-handed force.

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."

In July Scotland became the first part of the UK to incorporate a UN charter on children's rights into law.

It requires all Scotland’s public authorities, including the government, to seek to protect children and young people’s rights and to consider them when making policy decisions.

The act also allows children and young people to use the courts to enforce their rights.

Ms Killean added: "Police need to take a human rights-based approach which treats children with care, sensitivity, fairness, and respect."

Last year the UN told the UK and Scottish governments that some forms of police use of force against children should be banned.

Nick Hobbs, the CYCP's head of advice and investigations, 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."

He said more information was needed on the level or frequency of force used as well as factors such as age, sex and race.

Mr Hobbs added: "Use of force by the state against children must be properly and fully scrutinised and that requires access to disaggregated data.”

The CYPC says it will work with partners through the National Preventive Mechanism (NPM) to secure better protections with children in conflict with the law.

Assistant Chief Constable Catriona Paton said: "The rights of our children are at the heart of everything we do and we welcome the commission's announcement of an investigation which focuses on this important area."

A spokesperson for the Scottish Police Authority has welcomed the investigation.

The raw figures reported beg many questions and it is difficult to draw simple conclusions from them.

First of all, just how old were the children which the police used force against?

Were they teenagers? Perhaps even 16 to 18-year-olds who might not regard themselves as children? Or were many of them significantly younger?

Then there is the question of exactly what force was used.

And, of course, the circumstances of each incident are unknown.

Was the use of force justifiable or excessive on each individual occasion?

Without that information it is hard to say whether the problem is with the use of force by the police towards children on a disproportionate number of occasions or, alternatively, whether the figures actually highlight examples of behaviour which officers used force to tackle.