Human rights guidance on restraint and seclusion in schools is to be published in a bid to protect some of Scotland’s most vulnerable children.

The guidance, from the Scottish government, will direct local authorities, schools and staff in the lawful use of restraint and seclusion.

The publication follows action taken by the Equality and Human Rights Commission Scotland (EHRC) and the office of the Children and Young People’s Commissioner Scotland (CYPCS).

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An investigation by CYPCS last year found that the use of restraint and seclusion on pupils across Scotland was largely unmonitored, with glaring inconsistencies across local authorities.

Restraint and seclusion in schools

Following discussions between these organisation and John Swinney, the education secretary and deputy first minister, the government has said it will involve children in the drafting and review of the guidance, and will consider statutory action should the guidance prove to be ineffective.

It will also develop a standard data set to be implemented across Scotland, to ensure consistent recording and monitoring of incidents.

Lynn Welsh, head of legal at EHRC, said: “School ought to be a place of sanctuary and safety for all children.

“All staff must have clear and robust guidance to underpin their practice and ensure that children are supported to reach their full potential, regardless of background, health and ability, while having their human rights upheld and respected

“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.”

She added: “As the regulator of the Equality Act, we are pleased to have worked closely with the children’s commissioner to use our unique legal powers to achieve this change.

“No child should experience inhumane or degrading treatment at school or later in life.”

Ms Welsh said: “We welcome the deputy first minister’s commitment to ensure that national guidance governing restraint and seclusion is produced that is rooted in the values of human rights and co-produced by children and their families.”

Nick Hobbs, head of advice and investigation at CYPCS, said: “The use of restraint and seclusion is a human rights issue.

“Our investigation revealed that a lack of national guidance was leaving children in school at risk of human rights violations.”

He added: “It is particularly important that the government will consider putting the guidance on a statutory footing if the evidence shows it is necessary.

“Clear and robust guidance will support staff and ensure that fewer children will be subjected to physical intervention in school.”