Physical restraint is traumatic

This statement first appeared in an article published by The Sunday Post on the 30th of June 2024.

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

“All children deserve protection from all forms of abuse or harm, in all aspects of their lives. Children have the right to feel safe. They have a right to dignity, to bodily integrity, and to be protected from cruel, inhuman or degrading treatment.    

“It is unacceptable that we continue to hear of many cases of children being restrained or placed in seclusion in a range of different settings. Yet legally restraint must only be used as a last resort to prevent harm, using the minimum force, for the minimum time necessary. Restraint that does not meet these tests is unlawful and must be treated as a child protection or safeguarding issue.  

“My office published an investigation into restraint and seclusion in Scotland’s schools in 2018 and the Scottish Government has had years to answer the calls from families, campaigners, charities and our office to produce statutory guidance on physical restraint and seclusion of children. It is deeply concerning that this has not been produced.  

“The UN Convention on the Rights of the Child will be incorporated into Scots law in a matter of weeks yet the Scottish Government is continuing to leave children without the protection there are entitled to. We must remember the child in all of this. Any use of physical restraint is traumatic and creates a risk of harm for the child and the staff member involved.  

“As a matter of urgency, The Scottish Government must produce holistic, human rights based statutory guidance on restraint.  This must be based on a consistent legal framework that applies to all situations where children are in the care of the State, including schools, residential and secure care, and mental health provision.”