Autistic and learning-disabled children at risk of restraint and seclusion in Scotland’s schools are to get better protection.
The Scottish Government will produce guidance based on human rights.
The move follows the Equality and Human Rights Commission (EHRC) Scotland starting legal action.
Campaigner Beth Morrison says new restraint guidance in Scotland could have a “huge impact”
The EHRC joined forces with campaigner Beth Morrison in support of a judicial review.
Scottish children’s commissioner Bruce Adamson also demanded action.
Restraint and seclusion ‘largely unmonitored’
Last year, Adamson’s No Safe Place report found restraint and seclusion were largely unmonitored. It also reported glaring inconsistencies across councils.
Morrison, from Monifieth in Angus, started her campaign in 2010 after her son, who was then 11 years old, returned from school with unexplained bruising. He has epilepsy, cerebral palsy, autism and learning disabilities.
‘Huge impact’
She said new guidance would “have a huge impact” if drawn up as the Scottish Government has promised.
Existing Scottish Government guidance says school staff should only intervene if they “reasonably believe” the child is likely to cause harm to themselves or others.
The guidance also says seclusion must be in a safe place, be supervised, consider any additional needs and be time-limited.
Morrison said the guidance should be “rights-based”.
Goal is to have new laws
Ultimately, Morrison wants children protected by more than guidance. Her goal is to frame new laws to provide safeguards.
The Scottish government said it will consider new laws should the fresh guidance prove ineffective.
Morrison is involved in a separate ongoing judicial review against the UK government to force it to offer statutory guidance.
Nick Hobbs is head of investigations for the Scottish children’s commissioner.
He said clear guidance in Scotland would ensure “fewer children” will endure “physical intervention”.
Lynn Welsh is head of the legal department at EHRC Scotland.
She hopes guidance will protect children from “disproportionate” restraint.
Scottish education secretary John Swinney said new guidance would ensure lawful restraint.
Related:
- Mum in court move over school restraint
- Legal plan to protect our schoolchildren
- Nine in ten disabled children restrained
- Protest at chill-out room reforms
- Scots take seclusion fight to parliament
Published: 13 January 2020
