Commissioner Nicola Killean responds to Scottish Government guidance on ‘physical intervention in schools’


Urgent call for legislative action on restraint and seclusion

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The Scottish Government has published guidance on ‘physical intervention in schools’, Commissioner Nicola Killean responds.

Nicola Killean, Children and Young People’s Commissioner Scotland, said:

“Six years ago, the Scottish Government promised to issue guidance on restraint and seclusion, to review it after a year, and place it on a statutory footing if it wasn’t working. It is very concerning that it has taken so long just to get to this first step.

“In those six years, things have moved on considerably. The independent care review and the mental health law review have both recommended that legislation is required on restraint. The Webster inquiry has reinforced the need to consider restraint as a child protection and safeguarding issue. And most distressingly, data collected by parent campaigners makes clear that hundreds more children have been injured in our schools. The need for legislation has never been clearer.

“I am deeply frustrated at the glacial pace with which the Scottish Government has acted, and the unacceptable lack of urgency. Children need the legal protection they are entitled to, and the Scottish Government must now commit to support Daniel Johnson MSP’s Bill.”

Our 2018 investigation into restraint and seclusion in Scotland’s schools found that disabled children were disproportionately subject to these practices. We strongly support the Bill, introduced by Daniel Johnson MSP, that is currently being considered by the Scottish Parliament.

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