MSP proposes law to enforce child restraint guidelines

A new law is being proposed following a campaign about a boy who was restrained at a special educational needs school when he was 11 years old.

Labour MSP Daniel Johnson has started a consultation on his proposal for a member’s bill, the Restraint and Seclusion (Prevention in Schools) (Scotland) Bill, after what happened to Calum Morrison. He refers to it as Calum's Law. He wants physical restraint guidelines in schools to be legally enforceable.

The law would ensure compulsory training for all teachers on how to de-escalate difficult situations.

Beth Morrison, from Angus, has been campaigning for more than a decade over what happened to her son Calum, who has learning disabilities, autism, and epilepsy. She claims that when Calum was still at primary school he was restrained on the floor by four adults until he lost consciousness.

Restraint and seclusion, which involves locking someone in a room or safe space, have often been used in educational settings – particularly for children with disabilities and additional support needs. Mr Johnson's proposed law comes five years after a report by Scotland's Children's Commissioner revealed thousands of restraint incidents, affecting hundreds of children.

The MSP said a change in the law was needed to make sure there was much more regulation around these practices.

Mr Johnson said the issues often arise when dealing with pupils with additional support needs in very stressful situations. While physical interventions might sometimes be required, there should be transparent reporting and teachers needed to be trained so parents could be confident of what was happening.

He added: “Restraint and seclusion in schools must only ever be used to prevent harm and as a last resort. The Scottish Government is currently exploring options for strengthening the legal framework in this area.

“The purpose of this consultation is to provide a range of views on the subject matter of the proposed bill, highlighting potential problems, suggesting improvements, and generally refining and developing the policy. Consultation, when done well, can play an important part in ensuring that legislation is fit for purpose.”

Find the consultation here. The deadline for responses is 12 September 2023.