A new law regulating the use of restraint and seclusion on school pupils has been unanimously passed by the Scottish Parliament.
The legislation, sometimes referred to as “Calum’s Law”, introduces national rules on when and how such measures can be used in schools. It aims to ensure restraint or seclusion is only applied as a last resort and in a way that protects children’s rights and wellbeing.
Under the new law, incidents must be recorded and parents or carers informed. Ministers will also be required to produce statutory guidance for schools.
Children and Young People’s Commissioner Nicola Killean pays tribute to campaigners, but warns more must be done to protect children’s rights.
Nicola Killean, Children and Young People’s Commissioner Scotland, said: “I am delighted that the Scottish Parliament has passed the Restraint and Seclusion in Schools (Scotland) Bill.
This has been a long, hard road for children, families, carers, and organisations who have campaigned for statutory guidance on the use of restraint over many years, and I would like to pay tribute to their determination and tenacity.
“It is the Children’s Commissioner’s role to protect and safeguard children’s rights in Scotland and to hold the government accountable to its human rights obligations. My office has called for statutory guidance since our investigation into the use of restraint and seclusion in Scotland’s schools in 2018.
This legislation will support and protect both children and school staff from the distressing experience and consequences of unnecessary and unlawful restraint and seclusion. It will protect the rights of children.
It will ensure appropriate training in the prevention of the use of restraint and seclusion, and it will ensure that the use of restraint – which should always be as a last resort and for the shortest period of time possible – will be recorded, reported and monitored.
“I would like to thank Daniel Johnson MSP for his commitment in bringing this bill to parliament and in getting it passed. While we welcome today’s important milestone, and it should be rightly celebrated, Scotland can and should do more.
Having worked on the issue for the last decade, my office remains clear that there is a need for a consistent legal framework covering restraint and seclusion in all settings, not just education. This includes care, secure care, and health services.
“Once again, I urge the Scottish Government to give children the protection they are entitled to. It should legislate for equivalent protection in all settings where children are in care of the State.”
