Bill mooted to protect school children from harm

Daniel Johnson

The bill looks to enshrine in law the existing guidance on physical restraint and seclusion in schools in order to ensure it is only used as a last resort.

As it stands the use of physical restraint and seclusion in schools is regulated by guidance rather than law. As a result, the guidance is difficult to enforce and there are significant inconsistencies in the data collected and the definitions being used, Labour claims.

The children’s commissioner undertook an investigation into restraint and seclusion in schools. Only 18 of Scotland’s 32 authorities could provide any data on the use of restraint and seclusion in school and they collectively reported 2,674 incidents relating to 386 children.

Daniel Johnson’s proposed bill will:

• Create a requirement to record and report all incidents to an existing Scottish government body;
• Establish a role for this body to monitor the approach to seclusion and restraint in schools and make recommendations for improvement;
• Inform parents or carers of each incidence of seclusion or restraint including details of the circumstances and the methods used;
• Implement a complaints process to provide a clear route for concerns over seclusions and restraint to be escalated;
• Provide a statutory basis for standards of training for school staff including teachers and teaching assistants;
• Require data including on the incidence of seclusion and restraint to be regularly published by the Scottish government and reported to Parliament.

Mr Johnson said: “Schools must be a safe place for children to learn, teachers must be supported and empowered to enable learning and parents must have confidence in how schools discharge this duty.

“All too often teachers face situations in their classroom for which they have not received adequate training. They have not had the time or the opportunity to learn about the underlying conditions which cause these distressing situations that they have to deal with.

“That is why I believe there needs to be a change in the law.

“While we have made progress and the Scottish government has brought forward guidance, this does not have the weight of law nor does it have the other mechanisms that children, parents and teachers need when it comes to the use of physical interventions in school settings.”