Physical intervention in schools: children's rights and wellbeing impact assessment

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Positive

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The guidance aims to have a direct, positive impact on children and young people’s experience of school by helping schools uphold children’s rights in this area and reduce the use of restraint and seclusion.

The guidance aims to support children and young people’s safety, wellbeing, inclusion and ability to learn in a nurturing environment.

The implementation of the guidance should benefit all children and young people, particularly those who are more likely to experience restraint or seclusion, such as those with additional support needs, through helping staff in education authority, grant-aided and independent schools to further develop strategies to support children and young people. The guidance is directed at education providers, the majority of which are local authorities, and aims to assist them in updating and delivering rights-based local policy and practice.

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

The guidance seeks to reduce negative impacts from the use of restraint and seclusion on children and young people by providing advice on prevention, alternatives, clear parameters around their use and post incident support that should always be provided. The guidance’s advice on identifying, reporting, recording and monitoring restraint and seclusion is aimed at minimising the use of restraint and seclusion.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

Please summarise mitigation actions taken below

The policy development process has considered the negative impacts of restraint and seclusion on children and young people and their rights. The guidance reflects the need for restraint and seclusion in specific circumstances to keep children and young people safe (as a last resort, where there is at an immediate risk of injury) and highlights the negative impact of using them. By providing advice on prevention, alternatives, safeguards and post-incident support, it seeks to mitigate the negative impacts as far as possible.

Issue or risk identified and relevant UNCRC requirement

Article 37 (inhumane treatment and detention)

The guidance clarifies that the use of seclusion carries the risk of a child or young person being deprived of their liberty unlawfully.

Action Taken/ To Be Taken

Article 37 (inhumane treatment and detention)

The guidance aims to help ensure that children and young people are not deprived of their liberty unlawfully or arbitrarily in schools through its advice on minimising the use and impact of seclusion in schools.

By providing advice on prevention, alternatives, safeguards and post-incident support, it seeks to mitigate the negative impacts as far as possible.

Date action to be taken or was taken

July 2024

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Yes

Achieving: Not Applicable

Nurtured: Yes

Active: Not Applicable

Respected: Yes

Responsible: Not Applicable

Included: Yes

If yes, please provide an explanation below:

Safe

The guidance offers advice on how schools can safeguard children and young people from abuse, harm or neglect by ensuring that physical intervention, restraint and seclusion is used lawfully and proportionately and in the least restrictive (and safest) way.

Healthy

The health and wellbeing of children and young people is the primary concern of the guidance. In outlining the decision making process around the use of physical intervention, restraint and seclusion the guidance offers advice on the duty of care of school staff in relation to their pupils’ safety.

Nurtured

The guidance offers schools advice on minimising the use of restraint and seclusion and supporting nurturing school environments. Where restraint and seclusion is considered necessary and proportionate, the guidance outlines ways in which the trauma associated with their use can be reduced and the post-incident support that should be made available.

Respected

The guidance aims help to ensure that all children and young people’s rights are upheld, including their article 12 right to have their views respected and taken account of in decisions relating to their support and, as far as possible, in the use of physical intervention, restraint and seclusion.

Included

The guidance offers advice on minimising the need for restraint and seclusion and the delivery of an inclusive and participatory learning environment.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

An easy read version will be published to assist communication with children and young people.