Physical intervention in schools: guidance
Guidance on 'Included, engaged and involved part 3: A relationships and rights-based approach to physical intervention in schools'. This guidance is for education authorities grant-aided and independent schools in Scotland on the use of physical intervention.
Annex A: National policy and legislation
The guidance is set within the legislative and policy framework outlined below.
Legislation
- Education (Scotland) Act 1980
- Human Rights Act 1998
- Standards in Scotland’s Schools etc Act 2000
- Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002
- Education (Additional Support for Learning) (Scotland) Act 2004
- Scottish Schools (Parental Involvement) Act 2006
- Equality Act 2010
- Children and Young People (Scotland) Act 2014
- UNCRC (Incorporation) (Scotland) Act 2024
Policy
- Curriculum for Excellence
- Getting It Right For Every Child (GIRFEC)
- Additional support for learning: Code of Practice, 3rd Edition (2017)
- Additional support for learning: action plan
- Plan 24-30 - The Promise
- Executive Summary - Keeping the Promise implementation plan
- Presumption to provide education in a mainstream setting: guidance
- The National Improvement Framework
- Developing a positive whole school ethos and culture: relationships, learning and behaviour
- Included, engaged and involved part 1: promoting and managing school attendance
- Included, engaged and involved part 2: preventing and managing school exclusions
- National Guidance for Child Protection in Scotland
- Learning/intellectual disability and autism: transformation plan
- Preventing and responding to gender based violence: a whole school framework
International human rights conventions
Convention against torture and other cruel, Inhuman or Degrading Treatment or Punishment
European Convention on Human Rights (ECHR) and Human Rights Act 1998
Article 3 - prohibits torture, inhuman or degrading treatment or punishment
Article 5 - the right to liberty and security
Article 8 - the right to respect for private life, which includes respect for physical integrity
Article 14 - Protection from discrimination
United Nations Convention of the Rights of Persons with Disabilities (UNCRPD)
Article 5 - Equality and non-discrimination
Article 7 - Children with disabilities
Article 14 - Liberty and security of person
Article 15 - Freedom of torture or cruel, inhuman or degrading treatment or punishment
Article 17 - Protecting the integrity of the person
Article 24 - Education
Contact
Email: supportinglearners@gov.scot
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