Commissioner speaks at Restraint Reduction Network

Children and Young People’s Commissioner Nicola Killean once again called for statutory guidance on physical restraint and seclusion against children.

Speaking at a major UK conference held by the Restraint Reduction Network, Commissioner Nicola said: “Just like adults, children have a right to be protected from cruel, inhuman or degrading treatment.

“Sadly, we continue to see too many examples of the use of restraint not as a last resort but as a punishment, in special schools and in mainstream schools, which potentially breaches rights. The obligation is on the state to have a framework which prevents this ever occurring. 

“My office has been clear for a number of years, and we will continue to be clear, that the only way guidance on restraint and seclusion can be effective is for it to be put on a statutory basis.”

The Commissioner said she fully supported Daniel Johnson MSP’s Bill to require statutory guidance on the use of restraint and seclusion in schools in Scotland, and that protection in law should go further.

Commissioner Nicola Killean said: “Our call is for legislation that requires statutory guidance to be in place in all settings where children are in care of the State, including schools, residential and secure care, and mental health provision.  The use of restraint must be properly monitored, and the duties are placed where they ought to be on local authorities and Scottish Government.”

The Commissioner told the conference about the office’s 2018 investigation into restraint and seclusion in schools, called No Safe Place. She praised the commitment and determination of parents and carers campaigning for their children’s rights, saying: “I’d like to pay tribute to the parents who brought the issue of the inappropriate use of restraint in schools to all of our attention and who have continued to ensure that the experiences of their children and other children are heard by decision-makers across the UK.”