THE removal of the last remaining children from Polmont - and the guarantee no Scottish child will ever be jailed again - is a fitting legacy for William Lindsay, who killed himself in the Young Offenders’ Institution in October 2018, his former support worker has said.

William, 16, who had a history of self-harming, took his own life less than 72 hours after being remanded to Polmont near Falkirk, and less than 48 hours after being taken off the Scottish Prison Service’s (SPS) suicide prevention strategy Talk to Me. He had been sent there because there were no spaces left in any of the country’s secure units.

William’s death sent shock waves through the criminal justice system and kick-started a campaign to outlaw the jailing of under-18s, something the Scottish government committed to as part of The Promise — its response to the Independent Care Review — in 2020.

Yesterday, the Scottish government confirmed that new regulations contained in the Children’s (Care and Justice) (Scotland) Act had finally come into force, and all under-18s who were still detained had now been moved into secure care settings.

Niall Cahill, formerly of the charity Includem, who worked closely with William, welcomed the news: “It’s great,” he said.

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“Polmont was never built for looking after vulnerable children who need care and support. 

“William had made so much progress in his last year. There were always going to be moments where his mental health dipped, but, with more care and support, who knows where he would have been today. That no more children will be sent to Polmont is a fitting legacy.”

The Scottish government said the regulations had come into force on August 28 and there would be no new admissions.

Celebrations within the youth justice system were tempered by a recognition of how long the move had taken to achieve and how great a price had been paid. In the gap between the Act receiving Royal Assent on June 4 and the regulations coming into force, another child killed himself in Polmont, taking the number of suicides since 2012 to ten.

Jonathan Beadle, 17, who had pleaded guilty to a charge of acting in a disorderly manner and being in possession of weapons with intent to "assault and murder" a 16-year-old girl, took his own life on July 13. At the time of his death, it emerged the number of under-18s in Polmont had increased from two in November to nine. 

The Scottish government claims the transfer couldn’t have happened any earlier because the secure units needed time to upgrade facilities and train staff. 

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But Linda Allan, whose 21-year-old daughter Katie died in Polmont four months before William, and who has been campaigning for the reform of Scottish prisons, said: “There seems to be a disconnect between what the people providing services are saying and what the Scottish government is saying because I understand at least two of the secure units were ready and had capacity. The cost of the delay [in transferring the children] was Jonathan’s life.” 

Katie Allan Katie Allan (Image: Family)

She added that Polmont was no place for under-25s.

Karyn McCluskey, chief executive of Community Justice Scotland, said: “This announcement feels like a giant step for young people who need to be held in a place that understands how young brains work and gives them everything they need to thrive.

“It is brilliant news but it has taken too long. This is 2024 and we are a progressive country the idea of keeping those young people in prison should have been anathema to us. It’s tragic to think of the lives that have been lost and all the young people who have never fulfilled their potential.”

Fiona Duncan, independent strategic advisor for The Promise, pointed out the Independent Care Review concluded 1,672 days ago.

“Since then too many childhoods have been blighted through spending time in prison - an environment that’s unsuitable and, for some, unsafe,” she said.

Duncan claimed the next step was to improve secure care to make it as therapeutic as possible.

“The work to reimagine secure care [being undertaken by the Children and Young People’s Centre for Justice] is reaching its conclusion and the Scottish government must deliver the changes demanded by the review,” she said. 

The Scottish government said funding of up to £7m was being made available to cover the costs of placements in this financial year. “This is in addition to £500,000 funding which has been offered to secure accommodation providers to support their preparations for the movement of the children, ensuring their wellbeing and safety is the top priority,” its statement added.

Minister for The Promise Natalie Don-Innes said: “We have been moving at pace since the Children (Care and Justice) (Scotland) Bill received Royal Assent in June to implement this reform and ensure no under 18s will be detained in a Young Offenders’ Institution from now on, moving to suitable settings such as secure care. 

“This move will ensure children in conflict with the law are placed in safe suitable accommodation, which will ensure their wellbeing and rehabilitation is at the heart of their care, while also keeping communities safe.”