Physical intervention in schools guidance: consultation analysis

2. Introduction

2.1 Background to the consultation

In response to concerns raised about the use of restraint and seclusion in schools in the Children and Young People Commissioner’s 2018 report, No Safe Place, the Scottish Government established the physical intervention working group to develop new human rights-based guidance.

The consultation sought views on the draft non-statutory guidance, which aims to help local authorities, grant-aided and independent schools to minimise the use of restraint and seclusion in their education provision. It includes advice on preventing the use of restraint, new definitions of the types of physical intervention, human rights-based safeguards and recording, reporting and monitoring expectations. The draft guidance is focussed on protecting children and young people from harm and promoting rights-based practice in schools.

2.2 Format of the consultation

The consultation ran from 21 June 2022 to 25 October 2022. Views were invited on 8 closed questions in relation to the draft guidance. The questions are summarised as follows:

• Do you think the guidance is easy to understand?
• Are the definitions of the types of physical intervention clear?
• Are there any other safeguards for the use of physical intervention that should be included?
• Are there any other restraints used in schools that should be included in the guidance?
• Is there anything you would add to help people use this guidance in schools?
• Are there any changes you would make to the roles and responsibilities advice?
• Are there any changes you would make to the recording, monitoring and reporting advice?
• Are there any other changes you would make to the guidance?

Respondents were then asked to provide written comments in response to each question. An easy read version of the draft guidance and consultation questions were published alongside the consultation on Citizen Space.

2.3 Respondents to the consultation

In total, 104 consultation responses were received either by email or through the Citizen Space consultation portal. Across the 8 questions, 581 comments were submitted.

A breakdown of the respondent categories can be found in section 3.1 and a full list of organisations that have responded can be found in Annex C.

Children and young people’s views were referenced in 3 of the responses submitted from organisations. The age of those who submitted an individual response is not known.

In addition to gathering written responses to the consultation, the Scottish Government offered opportunities for participation through direct engagement activities. A limited number of activities took place, and these were in the format of online and in-person meetings with individual stakeholders or their representatives. Further details of the engagement activities can be found at Annex E.

2.4 Format of this consultation report

This consultation analysis report presents an analysis of the responses in two parts: an analysis of the consultation responses in section 3, and a discussion of the key themes that arose from the consultation responses in section 4. The Scottish Government’s comments on the key themes identified and next steps are included in the conclusion in section 5. Please note that the summary in section 3.3 does not include consideration of each individual response, rather the most common themes that arose in multiple responses are included.

2.5 Data protection and the consultation

To provide an illustrative picture of the consultation undertaken some quotations have been provided from consultation responses received. To ensure compliance with data protection requirements, respondents were asked by the Scottish Government if their responses could be published online. The appropriate data redactions have been implemented dependent upon respondents’ answers to this question. Where respondents have given permission to publish their response without a name, quotations have been provided with the appropriate identifying data redacted. To provide context to the response, the respondent category has been provided. No quotations have been provided from respondents who provided the answer “do not publish response”. However, these responses formed part of the overall consideration and analysis of the consultation responses.