School restraint rules not fit for purpose - union

Scottish government guidance on the use of restraint in schools is "unfit for purpose", according to a teaching union.

Teachers have been calling for urgent guidance on restraining pupils as they put themselves under "considerable risk" of physical assault, the NASUWT union said.

It also said that despite a year of waiting for it to be published, there was a "lack of practical guidance" from the government.

Education Secretary Jenny Gilruth said prevention and early intervention was the government's primary focus.

NASUWT previously accused the Scottish government of a "complete abdication of responsibility" over the lack of a national strategy on the physical restraint of pupils during classroom violence.

It has now warned that teachers are being placed in an "untenable position".

The new guidance outlines the Scottish government's position on physical intervention, restraint and seclusion. It also focuses on prevention and de-escalating situations.

It states that the "minimum necessary force" should be used in a situation where a pupil has to be restrained.

It also outlines types of physical restraint that "must never be used" due to their risk levels. This includes holding a child down on the floor or any hold that causes pain.

It also says: "Restraint must never be used as a form of punishment or as a means of securing a child or young person's compliance."

There is a warning that the use of seclusion - where a child is isolated in an area they are prevented from leaving - "carries the risk of overstepping the line" in a legal context.

The guidance states that schools "may be acting unlawfully" depending on how a child is secluded, adding that it must only be used as a last resort in a situation where there is an immediate risk of injury.

Schools are advised to train "an appropriate number of staff" in restraint techniques.

The new government guidance is intended to assist councils in reviewing their existing local policies.

Dr Patrick Roach, NASUWT general secretary, said: "Despite waiting nearly a year for the publication of this guidance, teachers and school leaders will despair the lack of practical guidance on offer from the Scottish government.

He said that "at a time of increasing levels of serious disruption and violence in schools", teachers and school leaders were being placed in an untenable position by the Scottish government.

"Ministers should be clear that this guidance is unfit for purpose in its current form and further work is needed to better support teachers and school leaders.”

Mike Corbett, NASUWT Scotland national official, said: "This guidance fails to uphold the Scottish governments' duty to ensure teachers' right to work in safety, focusing almost exclusively as it does on the rights of children who may be subject to a physical intervention."

The union said the guidance put the onus on teachers and school leaders.

It also accused ministers of evading their responsibilities and failing to address a "patchwork" of different policies in different local authorities that were resulting in "inconsistencies" across schools.

Andrea Bradley, EIS general secretary, said: "Reports from our members suggest that teachers and school staff are already afraid or reluctant to intervene in some situations, for fear of potential legal or disciplinary consequences, particularly if the escalation of the incident is sudden and unexpected with no apparent trigger.

"However, failure to act could also leave the teacher or member of staff in a precarious position.

"Clear, unambiguous and accessible guidance is, therefore, key to providing the reassurance and certainty which all stakeholders need."

She said the EIS would monitor application of the new guidance, consulting with members about its implementation in practice.

In the report, Ms Gilruth said the Scottish government wanted to "address the underlying causes of any distressed behaviour that poses a risk to the safety and wellbeing of others".

She said that by doing so, it could help schools to deliver "a safe and supportive learning environment and prevent the need for restraint and seclusion".

She said the guidance would support schools to create an environment "where all children and young people are protected, cared for, and in which their rights and needs are respected".

She added: "While the guidance rightly has a focus on prevention, it is vital that our school staff are supported to intervene confidently and appropriately when the need arises."

A Scottish government spokesperson said: “Restraint and seclusion in schools must only ever be used as a last resort to prevent the risk of injury and this new guidance on physical intervention makes this clear.

“While the guidance rightly has a focus on prevention, it is vital that school staff are supported to intervene confidently and appropriately when the need arises.

"In addition to this guidance, we are exploring options to strengthen the legal framework in this area."