Another teenager dies in Polmont amid delay in new legislation

Jonathan is thought to be the tenth young person to kill themselves in Polmont since 2012.

His death came days after the Fatal Accident Inquiry (FAI) into the suicide of 20–year-old Jack McKenzie heard he had hanged himself from a recognised ligature point within his cell in the jail in September 2021.

McKenzie had spent eight months on remand on charges of rape and sexual assault, which he denied, and had been confined to his cell under Rule 95, a disciplinary measure taken in relation to suspected drugs use.

Earlier this year, a joint FAI was held into the deaths of William Lindsay, from Glasgow, and Katie Allan, 21, from East Renfrewshire. Katie killed herself in June 2018, three months into a 16-month sentence for dangerous driving while over the drink-drive limit.

She was jailed despite the family of the teenager she hit and injured asking for her to be given a community sentence. Her parents Linda and Stuart Allan say she had been bullied over the loss of her hair due to alopecia and that her distress should have led to her being placed on Talk to Me, the Scottish Prison Service’s (SPS) suicide prevention strategy.

William killed himself within 72 hours of arriving at Polmont in October 2018. The FAI heard he had been placed on Talk To Me and 30-minute observations after prison officers were told he was a suicide risk, but that he was taken off the following morning after a five-minute case conference.

William Lindsay, 16, and Katie Allan, 21, were found dead in their cells in separate incidents at the facility in 2018 (Image: PA)

News of Jonathan’s suicide emerged hours after the UN Convention on the Rights of the Child (UNCRC) was incorporated into Scots law. His death also comes three months after the Children (Care and Justice) (Scotland) Act was passed. It received Royal Assent on June 4. The Act is supposed to ensure all under-18s accused or convicted of serious offences are sent to secure units instead of Polmont. But the timescale for enacting it is at the discretion of Scottish Ministers, and the provisions have not yet been enforced. The number of under-18s in Polmont has risen from two in November to nine.

Before the new legislation was passed, children aged between 16 and 18 on Compulsory Supervision Orders (CSOs) would be dealt with through the children’s hearing system and detained in secure units, but children aged between 16 and 18 who were not on CSOs would often still be sent to Polmont by sheriffs. The legislation is designed to close that gap.

It is understood Jonathan was not on a CSO, but had nonetheless spent several months in a secure unit before a sheriff took the decision to send him to Polmont.

Sources within the care and justice systems insist the government and Scotland’s four secure units, which have a combined total of 78 places, should have been ready for the immediate transfer of children.

Work has been going on to prepare those children still in Polmont for their transition and a target date of a few weeks’ time has been set. Yet even now there is a shortage of spaces.

More broadly, there is anger over the pace of progress and delays in implementation.

Linda and Stuart Allan have spent the last six years campaigning for changes to the criminal justice system to prevent more deaths.

“When we heard, all we could think about was this boy’s family going through what we went through on June 4, 2018, getting that knock at the door,” Linda said.

“I think, for us, the worst thing has been sitting through the FAI and hearing evidence from senior managers saying ‘everything has changed, this would not happen now,’ while knowing that it hasn’t changed, and that it was likely to happen again.”

Linda said she was shocked news of the suicide had emerged on the day the UNCRC had been incorporated into Scots law and questioned why it had taken so long for under-18s to be removed from Polmont.

Read more on this story from Dani Garavelli: Katie Allan's brother says he's 'lost faith in justice system'

“There is no excuse to have children in Polmont today,” she said. “I don’t think that’s the responsibility of the sheriffs, it’s the responsibility of the Scottish government.”

Fiona Duncan, independent strategic adviser for The Promise, the Scottish government’s commitment to care-experienced children, said: “Since February 2020, when the Independent Care Review’s conclusions were accepted in full by all parties, Scotland’s position has been clear - no child should be in Polmont. The Children (Care and Justice) Act 2024 will end the imprisonment of children in Scotland.  But good intent alone is not enough, fast action is needed.

“Over the years, the numbers of children in Polmont have been decreasing - but they have also been fluctuating. Moments of opportunity have been missed to take immediate action. 

“With collaborative planning at pace, the wing of Polmont that hosts children must be closed as soon as possible. This would provide the deterrent needed to make sure Scotland never jails another child.”

Karyn McCluskey, chief executive of Community Justice Scotland, said: “We know secure care is the safer, therapeutic environment for children. Our prisons are passive receivers of people, they get no choice about who enters their doors.  A huge amount of effort over a number of years has resulted in much lower numbers of young people in custody, but those who remain seem to have lost their visibility and, despite best intentions, the number is increasing.

“Change should have happened long before now, but this issue is not about the need for more legislation, it is much more to do with how we regard young people and, in particular, those who come into conflict with the law. The system prioritises process over purpose.”

Fiona Dyer, director of the Children & Young People’s Centre for Justice, said: “Alongside the Chief Inspector of Prisons, the Children’s Commissioner for Scotland and the Promise, CYCJ has been campaigning for many years to move children from prisons in Scotland. Instead, they should be in child-centred environments that help to support their needs and manage risk in a rights-respecting and trauma-informed way.

“When enacted, the Children’s (Care and Justice) (Scotland) Act 2024 will make this a reality, with no children under 18 placed in prisons in Scotland. This new law must be implemented urgently.”

At present, Scottish prisons cannot be prosecuted for breaches under the Health and Safety Act because they are considered an arm of the state and are protected by what is known as Crown immunity. This immunity does not apply to the police or the NHS. The Allans have also been campaigning to have this immunity scrapped.

“This latest suicide demonstrates once again that only when Crown immunity is lifted will the Scottish Prison Service be held to account,” Linda said. 

An SPS spokesperson said: “Every death, whether in prison custody or in our communities, is a tragedy for all those who knew and supported the individual.

“Following the death of someone in our care, Police Scotland are advised, and the matter reported to the Procurator Fiscal. Fatal Accident Inquiries are held in due course.”

Minister for Victims and Community Safety, Siobhian Brown, said: “Every death in custody is a tragedy and I extend my deepest condolences to Jonathan’s family.

“The Children (Care and Justice) (Scotland) Act which received Royal Assent on 4 June,  includes provisions to end the placement of under-18s in Young Offenders’ Institutions. We are working with the Scottish Prison Service and Secure accommodation providers to commence these provisions shortly. The decision on whether to detain a child remains with the independent judiciary.”