The Scottish Government has committed to ensuring that all eligible children have access to a Bairns’ Hoose by 2025. Based on the Icelandic ‘Barnahus’ model, a Bairns’ Hoose will be a place where children who are victims or witnesses of crime receive coordinated, holistic support. The ‘four rooms’ approach means that children will receive services in relation to justice, medical care, participate in decisions about their protection and receive support to recover from the trauma experienced all within a single, child-friendly facility. In some cases, a child’s wider family may also be supported in understanding what has happened and receive guidance on supporting their child.
Barnahus, meaning ‘Children’s House’, was first implemented in Iceland in 1998. These houses facilitate an interdisciplinary and multi-agency approach which supports legal process whilst protecting children from the potential harmful effects of contact with the justice system.
Bairns’ Hooses will be for children who have witnessed or been the victim of abuse or violence and children under the age of criminal responsibility whose behaviour has caused significant harm or abuse. The current age of criminal responsibility in Scotland is 12. Children accused of offending behaviour are often incredibly vulnerable, with experiences of abuse, neglect or trauma. Children between the ages of 12 and 18 may also benefit from the services provided in a Bairns’ Hoose. Using Bairns’ Hooses means that children will be supported through their encounters with the justice system in a way that is trauma informed and rights-based. The goal is to reduce the risk of children experiencing further trauma and allow them to begin the process of recovering from their experiences.
For example, rather than requiring a child to recount their experiences of violence or abuse multiple times - to police, social workers, solicitors, nurses and doctors and then in court - the idea is that the child will only have to tell their story two or three times at most. If a recording of a child’s evidence is made, this could be used throughout the justice process. This removes the need to put a child through the often traumatising process of giving evidence in court.
Prior to introducing Bairns’ Hooses across Scotland, a pilot scheme is to be completed which will inform the nationwide rollout. Working with Victim Support Scotland, the University of Edinburgh and Children England, Children 1st hopes to open Scotland’s first Bairns’ Hoose by the end of this year. There are various challenges to be overcome, both in terms of implementing the pilot and the national rollout. The process will involve policy development and legislative changes. There are also challenges associated with identifying appropriate physical sites and hiring staff with the appropriate skills and experience.
There has been a consultation on the draft standards for the Bairns’ Hoose which closed on 4 November. Children and young people consulted with Children and Young People’s Centre for Justice to produce these standards which will inform the way in which Bairns’ Hooses operate. These standards, and the overall approach to implementing Bairns’ Hooses, are founded in the principles contained within the United Nations Convention on the Rights of the Child and the Scottish policy programmes of Keep the Promise and Getting it Right for Every Child (GIRFEC).
The Scottish Government want Scotland to be the best place in the world to grow up, and the Bairns’ Hoose and other related initiatives form part of this ambition. Wider changes in the criminal justice system include introducing the use of pre-recorded evidence for child complainers and witnesses under 16.Developments are not limited to the criminal justice system. When fully implemented, the Children (Scotland) Act 2020 will place a greater emphasis on a child’s right to be heard, their right to have a relationship with siblings and other important people in their lives and their right to be informed about decisions that impact them.
It is hoped that Scotland’s first Bairns’ Hoose will open its doors to children by the end of this year. This will represent a significant moment in the wider efforts to realise the Scottish Government’s ambition to improve the lives of children and lead the way in children’s rights and protection within the UK and beyond.
Insight from Rosey Scott Family Law and Associate. Rosey is Accredited by the Law Society of Scotland as a Family Law Mediation Specialist.
