Physical intervention in schools: equality impact assessment

Key Findings

Overview of key evidence gathered and analysed against the protected characteristics of Age, Disability and Sex. No evidence of impacts relating to the remaining protected characteristics^[1] was highlighted.

Age

1. No Safe Place: Restraint and Seclusion in Scotland's Schools, December 2018

The report identified 2,674 incidents of restraint and seclusion relating to 386 children in the school year 2017-18

Represents returns from 18 of 32 local authorities.

2. Reducing Restrictive Intervention of Children and Young People Update of Case study results, February 2020

Case study data collected between 2017 and 2019 from parents of 720 children and young people across the UK, who were reported to have experienced restrictive intervention, including restraint and/or Seclusion. Of the 720 case studies, 87.6% of the families reported that, to their knowledge, their child had been restrained at school at least once.

The data is not disaggregated for Scotland and it is acknowledged that more robust date collection is required.

The report found that around 25% of cases investigated involved children of the age of 6 years old when the restrictive intervention started, with 93% of cases involving primary school age children (age 5-11) when the restrictive intervention started.

3. in safe hands yet? A progress report on the campaign to regulate the use of seclusion and restraint in Scotland’s schools, October 2022

The report highlights Positive and Active Behaviour Support Scotland data from the families of 613 children affected by seclusion restraint between 2019 and 2021. The children came from 28 local authorities in Scotland.

Issues relating to 331 children were recorded in 2019-2020, and 282 in 2020-2021. Of the total, 472 children had been secluded, many of whom were also restrained. Of the 472 children who had been secluded:

• 56% were secluded more than 3 times a week
• 24% were secluded “daily”
• 15% were secluded for several periods in a day, often daily.
• 5% were secluded “too many times to count"
• 93% of the children had sustained injuries

4. Behaviour in Scottish schools: research report, 2023

59% of BISSR respondents had encountered physical aggression and 43% physical violence between pupils in the classroom in the last week.

Physical aggression and violence, both directed at other pupils and towards staff were more often experienced in primary schools compared with secondary schools. Primary 1-3 teachers were also more likely to encounter these behaviours towards themselves or other staff in the classroom compared with P4-7 teachers and in P4-7 compared with in secondary school.

16% of staff had experienced physical aggression and 11% physical violence towards themselves or other staff in the classroom in the last week. It was relatively unusual for staff to report that they routinely experienced abuse directed towards themselves or other staff related to race, sex and sexuality, religion, or disability. A small proportion (6% or less4 ) of all staff had personally experienced abuse due to each of the protected characteristics in the last 12 months. However, as staff demographics relating to protected characteristics other than gender were not captured by the survey, it is not possible to ascertain whether the study accurately reflects the experiences of these demographic groups.

A stratified random sample of 508 primary schools and all 330 eligible secondary schools were invited to participate. At each school, the headteacher and a randomly selected sample of teachers and support staff were invited to participate.

Staff expressed mixed experiences with regard to training on physical restraint. Some local authorities appeared to only allow staff from specialised settings to access restraint training due to the view that restraint should not be used in the mainstream. However, there were examples of staff having no option but to physically intervene and a desire among staff for training to be provided so that this could be done safely. In some cases, pupils were supported by staff from external agencies who were trained in restraint.

As was the case in 2016, the survey was conducted online, though support staff members were also given the option of completing paper questionnaires. Survey fieldwork was carried out between 27 February 2023 and 12 April 2023. The overall school staff response rate was 43%. The achieved sample was 3754.

5. NASUWT Teacher Wellbeing Survey Report, 2022

The survey found that 24% of teachers highlighted worries about pupil behaviour has been the main factor for increased work-related stress. 24% also highlighted pupil wellbeing to be the main factor.

6. NASUWT Behaviour in Scotland’s Schools - Briefing

In the last 12 months: • 39% of respondents have experienced physical abuse or violence from pupils in the last 12 months.

With regard to physical violence, 17% of teachers have been hit or punched, 10% have been kicked, and 36% have been shoved or barged. Eight per cent have been spat at, while 2% have been headbutted.

How old are the pupils involved? • The most likely age bracket to demonstrate physical or verbal abuse is 12 to 14, which was identified by 75% of participants. • The 15-16 age bracket was the second most likely, selected by over half (51%) of participants.

How often is this happening? Physical abuse: In the last 12 months: • 29% report incidents once a year, with 28% stating they occur once a term; and • 12% say once a month, 5% once a fortnight, 6% once a week, 14% several times per week, and 5% daily

Do teachers report the incidents? • Less than half of respondents (43%) reported all of the incidents to their manager in their school or college. • A third (34%) reported most incidents, while 21% only reported some. • A minority, 3%, did not report any of the incidents.

Online survey across the UK in the final term of the 2022/23 academic year, which was completed by 358 members of the NASUWT in Scotland. The survey was distributed via electronic communication methods.

7. EIS Violence & Aggression Branch Survey Report and Campaigning Recommendations: Full Report, November 2023

There is a significant amount of violence and aggression within Scotland’s schools with 82.7% of branches responding that there are incidents of ‘violence and aggression’ every week. Over 72% of branches stated that the amount of ‘violence and aggression’ had grown in the last four years – from levels before the Covid pandemic. In Primary and Special Education, “physical violence towards a teacher” was the most common type of ‘violence and aggression’.

Three-quarters of branches (75.4%) said some of their teachers have sustained physical injuries and 61% said some of the teachers in their school had been on sick leave following a ‘violent and aggressive’ incident.

Almost 80% of branches reported (79%) that “members of the branch” considered leaving teaching as a result of the violence and aggression.

Qualitative responses from branches outlined a need for more ASN, de-escalation and CLPL training.

The branch survey was open for six weeks from mid-August 2023 and this is the output report. Responses were received from 875 EIS branches – i.e. schools.

Disability

1. Reducing Restrictive Intervention of Children and Young People Update of Case study results, February 2020

The most commonly reported needs of the children and young people included in the case studies were:

• autism (61%),
• speech, language and communication needs (including children who
• were non-verbal or mute) (51%),
• sensory needs (30%),
• mental health needs (including
• anxiety, attention deficit hyperactivity disorder, obsessive compulsive disorder, oppositional defiant disorder, trauma and attachment needs) (30%), and
• learning disabilities or developmental delays (including Down syndrome) (22.6%).

2. No Safe Place: Restraint and Seclusion in Scotland's Schools, December 2018

The information gathered in the report by families suggests that restraint and seclusion are used disproportionately with children with disabilities or Additional Support Needs. When asked how many incidents related to these children, only twelve local authorities were able to provide statistics.

3. Scottish Government Summary statistics for schools in Scotland, 2023, and Pupil census supplementary statistics

There were 705,528 pupils recorded in September 2023. In 2023, 37% of all pupils (259,036 individuals) had an additional support need (ASN), which are broader in scope than needs arising from a disability. This includes:

Sex

1. Reducing Restrictive Intervention of Children and Young People Update of Case study results, February 2020

The report found that 85% of children and young people who have experienced restrictive intervention are male.

2. NASUWT members survey 2023

While the statistics showed similar percentages of male and female teachers had experienced physical abuse or violence from pupils in the last 12 months (39% of women, 38% of men), the frequency of this abuse against female teachers was substantially higher (19% female and 3% of male teachers had experienced physical abuse or violence ‘several times a week’).

In terms of type of behaviour respondents had experienced from pupils in the last 12 months, the survey recorded:

Online survey across the UK in the final term of the 2022/23 academic year, which was completed by 358 members of NASUWT in Scotland – 237 of whom were women.

3. EIS Violence & Aggression Branch Survey Report and Campaigning Recommendations: Full Report, November 2023

A majority of school branches responded that boys were more likely to exhibit ‘violent and aggressive’ behaviours towards teachers, as 51% of branches responded that boys were more likely to exhibit ‘violent and aggressive’ behaviour towards women teachers than men teachers.

The branch survey was open for six weeks from mid-August 2023 and this is the output report. Responses were received from 875 EIS branches – i.e. schools.

Do you think that the policy impacts on people because of their age?

Do you think that the policy impacts disabled people?

Do you think that the policy impacts on men and women in different ways?

Do you think that the policy impacts on women because of pregnancy and maternity?

Do you think your policy impacts on transsexual people?

Do you think that the policy impacts on people because of their sexual orientation?

Do you think the policy impacts on people on the grounds of their race?

Do you think the policy impacts on people because of their religion or belief?

Do you think the policy impacts on people because of their marriage or civil partnership?

Description of human rights impacts

There are absolute legal prohibitions that apply to the use of restraint and seclusion. These are summarised in the Equality and Human Rights Commission’s Framework for Restraint, which points to the clear position in international human rights law in respect of:

restraint and seclusion with intent to torture, humiliate, distress or degrade someone;

a method of restraining someone that is inherently inhuman or degrading, or which amounts to torture;

physical force (such as physical restraint) as a means of punishment; or

restraint or seclusion that humiliates or otherwise subjects a person to serious ill–treatment or conditions that are inhuman or degrading.

Education authorities, the managers of grant-aided schools and the proprietors of independent schools should ensure that restraint and seclusion is only used as a last resort, to prevent an immediate risk of injury, with the minimum necessary force, and for the minimum necessary time. In practice, the principle of last resort means that restraint should only be considered where no less restrictive options are viable.

UNCRC (Incorporation) (Scotland) Act 2024

Under the 2024 Act, it is unlawful for public authorities to act incompatibly with the incorporated UNCRC requirements when acting under powers conferred by or under Acts of the Scottish Parliament, certain statutory instruments or under the common law. The 2024 Act gives children, young people and their representatives the power to go to court to enforce their rights. The use of restraint on children and young people has significant implications for their human rights, in particular with respect to the following incorporated articles:

• Article 2 (non-discrimination)
• Article 3 (the best interests of a child)
• Article 12 (respect for the views of the child)
• Article 19 (protection from violence, abuse and neglect)
• Article 23 (children with a disability)
• Article 24 (health and health services)
• Article 28 (right to education)
• Article 29 (aims of education)
• Article 37 (inhumane treatment and detention)
• Article 39 (recovery from trauma and reintegration)

“Public authority” includes the Scottish Ministers, a court or tribunal, and “any person certain of whose functions are functions of a public nature”[3]. This expressly includes functions carried out under an arrangement with a public authority[4], which would include functions carried out under a contract or grant. Education authorities are public authorities for the purposes of the 2024 Act. While this is ultimately for the courts to determine, it is anticipated that publicly-funded provision at grant-aided or independent schools would be a public function.

Human Rights Act 1998

Under the Human Rights Act, public authorities can only interfere with a child or young person’s Article 8 rights (the right to respect for private life, which includes respect for physical integrity), where it can demonstrate that its action is lawful, necessary and proportionate in order to:

• protect national security
• protect public safety
• protect the economy
• protect health or morals
• prevent disorder or crime, or
• protect the rights and freedoms of other people.

Any physical restraint would have to meet this test.

Limitations of available evidence

There is no comprehensive baseline data for the number of restraints currently used in schools across Scotland. The guidance aims to increase the consistency of recording and monitoring to enable a focus on minimising the use of restraint and seclusion. The available data will be considered as part of the 1 year review of the guidance following its publication.