Views are being sought on new guidance on the use of physical interventions in schools, more than three years after an investigation by Scotland’s children’s commissioner found that restraint in schools was happening inappropriately and too often.
The commissioner’s 2018 investigation - No Safe Place: restraint and seclusion in Scotland’s schools - made 21 recommendations, including that all incidents of restraint and seclusion should be reported, and for national policy and guidance on restraint and seclusion in schools to be published.
Then, in 2019, Equality and Human Rights Commission Scotland (EHRC) also put pressure on the government to act, saying: “Across Scotland, guidance and policies on the use of restraint and seclusion in schools have been inconsistent at best and totally inadequate at their worst.”
Today the Scottish government has published the long-awaited guidance, which it plans to consult on until October.
However, although the Scottish government says the guidance has been developed with the children’s commissioner, children’s commissioner Bruce Adamson says it does not go far enough and is calling for it “to be put on a statutory footing as a matter of urgency”.
Physical restraint in schools ‘creates a risk of harm’
Mr Adamson says the guidance cannot be “just an option for future consideration”, adding: “Any use of physical restraint is traumatic and creates a risk of harm for the child and the staff member involved. Children and staff need the protection and clarity that statutory guidance brings.”
At First Minister’s Questions earlier this month, the issue was raised with Nicola Sturgeon by Conservative MSP Miles Briggs, who asked what changes had been made since the commissioner’s 2018 report.
She highlighted that draft guidance was due to be published and - after being questioned further on whether the government would do more than “simply providing guidance” - said that the government was “committed to looking further at the options” to place the guidance on a statutory basis “if the guidance does not have the desired effect”.
Ms Sturgeon added: “We will not rule out legislation, and we will actively consider the options for that.”
The draft guidance out today says that “use of all forms restraint must be recorded” within two working days and that parents and carers should be notified “as soon as possible after the incident and within 24 hours of the event”.
It says restraint should be a “last resort, to prevent harm” and “wherever possible” restraint should only used by staff who have been appropriately trained.
The guidance also advises that restraint should involve “the minimum necessary force” and be ended “at the earliest opportunity possible”.
It rules out certain types of restraint that “carry elevated risk such as prone, supine, basket holds, neck holds and techniques that involve the use of pain”.
The guidance states: “These should not be used as they pose a higher risk of injury to children and young people. Holding children and young people in positions where their torso is heavily bent forward (hyperflexion) and/or their joints are taken to the end of their range of movement (locked out) must also be avoided.”
Education secretary Shirley-Anne Somerville said: “The draft guidance makes it clear that restraint and seclusion should only ever be used as a last resort and when in the best interests of the child or young person.
“The guidance has been developed carefully, over time, with extensive input from over 30 working group members. I would encourage anyone with an interest in this important area, including children and young people themselves, to give their views by taking part in the consultation.
“In addition to the publication of non-statutory guidance, we will explore options to strengthen the legal framework in this area, including placing the guidance on a statutory basis.”
The draft guidance and consultation can be found in full here. The consultation will run until 25 October.
