Teaching Union Deems Scottish Government’s School Restraint Guidance “Unfit for Purpose”

A teaching union has stated that the Scottish government’s guidelines concerning the application of restraint in educational settings are “unfit for purpose”. The NASUWT union reported that educators have been requesting immediate directives on pupil restraint, citing that they face “considerable risk” of physical assault. The union further noted that, despite a year-long wait for its release, the government’s guidance contained a “lack of practical guidance”. Education Secretary Jenny Gilruth affirmed that the government’s principal emphasis was on prevention and early intervention. The NASUWT had previously charged the Scottish government with a “complete abdication of responsibility” due to the absence of a national strategy regarding the physical restraint of students during incidents of classroom violence. The union has now cautioned that teachers find themselves in an “untenable position”. The recently issued guidance details the Scottish government’s stance on physical intervention, restraint, and seclusion. It additionally emphasizes prevention and the de-escalation of incidents. The document specifies that the “minimum necessary force” must be employed when a pupil requires restraint. Furthermore, it delineates categories of physical restraint that “must never be used” because of associated risks. Examples provided include holding a child on the floor or any technique that inflicts pain. The guidance also stipulates: “Restraint must never be used as a form of punishment or as a means of securing a child or young person’s compliance.” A caution is included regarding the practice of seclusion—defined as isolating a child in an area from which they cannot depart—stating it “carries the risk of overstepping the line” legally. The guidelines indicate that schools “may be acting unlawfully” based on the method of a child’s seclusion, further stipulating that it should only be implemented as a final option when there is an immediate danger of injury. Educational institutions are recommended to provide training in restraint techniques to “an appropriate number of staff”. The recently issued government guidance aims to support councils in evaluating their current local policies. Dr Patrick Roach, the general secretary of NASUWT, commented: “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 asserted that “at a time of increasing levels of serious disruption and violence in schools,” the Scottish government was putting teachers and school leaders in an untenable position. He added: “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, stated: “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 indicated that the guidance placed the responsibility on teachers and school leaders. It further accused ministers of neglecting their duties and not resolving a “patchwork” of varying policies across different local authorities, which led to “inconsistencies” among schools. Andrea Bradley, EIS general secretary, remarked: “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.” She continued: “However, failure to act could also leave the teacher or member of staff in a precarious position.” She concluded: “Clear, unambiguous and accessible guidance is, therefore, key to providing the reassurance and certainty which all stakeholders need.” Ms. Bradley stated that the EIS would oversee the application of the new guidance, engaging with members regarding its practical implementation. Within the report, Ms. Gilruth articulated the Scottish government’s desire to “address the underlying causes of any distressed behaviour that poses a risk to the safety and wellbeing of others.” She explained that this approach could assist schools in providing “a safe and supportive learning environment and prevent the need for restraint and seclusion.” She added that the guidance would enable schools to foster an environment “where all children and young people are protected, cared for, and in which their rights and needs are respected.” She further commented: “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 spokesperson for the Scottish government affirmed: “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.“ The spokesperson continued: “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.” The spokesperson also stated: “In addition to this guidance, we are exploring options to strengthen the legal framework in this area.”