Physical intervention in schools guidance: consultation analysis

4. Comments on key themes

In this section responses have been categorised according to key themes. This section is intended to provide an exploration of the key themes and comments raised within each. While numbers of responses under each theme are not quantified, as discussed under section 3.1, a key theme was identified where it was raised 18 times or more in response to individual consultation questions. As discussed earlier, a single response may contain multiple themes.

4.1 Length

One of the aims of the draft guidance is to expand upon the existing guidance on the use of physical intervention and seclusion in Included, engaged and involved part 2: preventing and managing school exclusions. The draft guidance is 34 pages long with 16 pages of supporting annexes.

4.1.1 Some responses commented that staff would not have the time to review the guidance in its entirety. Some responses commented that the length made it difficult to extract key information quickly. Some responses also suggested the use of more visual aids and diagrams would help increase the accessibility of the guidance and reduce the written content.

One respondent commented:

“The problem with understanding the guidance is that most staff working in schools do not have an appropriate allocation of time to study the guidance in suitable detail. This guidance is long and detailed, with many cross references which would also have to be studied in order to have a thorough grasp of this document.” (Individual)

4.1.2 Some responses commented that due to the level of detailed advice provided in the guidance a summary version would be a helpful addition. The accessibility of the advice within the guidance to children and young people, parents and carers was also highlighted as important. The easy read version provided was noted in some responses as helpful in this regard.

One respondent noted:

“We also like that there is an easy read version as the narrative is at times quite lengthy, although appreciate that this detail is required to ensure that the whole context/picture for restraint and seclusion is clear and described very thoroughly.” (Organisation)

4.2 Prevention

The draft guidance includes advice on preventing the use of restraint. This advice centres on identifying and meeting children and young people’s needs through the implementation of the Additional Support for Learning Act 2004, planning under the Getting it Right for Every Child policy framework and practices that help build positive relationships, behaviour and wellbeing. Advice is also included on alternatives to physical intervention and restraint when distressed behaviour occurs.

4.2.1 Some responses commented on the importance of meeting the needs of children and young people who are autistic and neurodivergent in preventing the use of restraint. The importance of adapting preventative approaches to children and young people who are neurodivergent was highlighted in some comments as it was felt there was a risk behavioural compliance may be seen as the goal. This, it was felt, may increase the number of children and young people masking their distress rather than their needs being identified.

One respondent illustrated this point:

“Compliance is not the goal and there is a danger in teaching children to appear more calm or ‘act happy’ in situations which cause them distress and encouraging ‘masking’ rather than adapting the physical and social environment to reduce aversive experiences.” (Organisation)

4.2.2 Some responses commented on the importance of children and young people’s participation in decisions on their support. While it was acknowledged in some comments that the current advice on this area was welcome, a risk of placing too much responsibility on young people was highlighted.

One respondent commented upon this point:

“We welcome paragraphs 35 and 36’s focus on young people being involved in decision-making however we feel the current wording places a responsibility on the young person to offer insight and perspective, come up with ideas and an expectation they must engage in these discussions. We suggest that this is reworded to cover their right, but not the responsibility, to be involved and have their views and suggestions taken into account.” (Organisation)

4.2.3 Some responses commented on the importance of restorative approaches in preventing the use of restraint. Some comments highlighted that further detail on restorative approaches and links to available resources could usefully be added to the advice on prevention.

4.2.4 Some responses commented on the preventative planning advice. These comments highlighted that the guidance should acknowledge that plans are not always in place and provide advice accordingly. It was also suggested in one comment that further information be provided on the types of plans that schools use to help meet the needs of children and young people. It was also felt that the inclusion of further advice on the different criteria for each plan would be helpful.

4.3 Clarity of definitions

This section discusses the key themes of ‘clear definitions’, ‘staff-led withdrawal’ and ‘seclusion’.

One of the aims of the new guidance is to support a consistent understanding of restraint through the development of national definitions. New definitions were offered in the draft guidance for the practices of physical intervention, pupil / staff led withdrawal, restraint, physical restraint, mechanical restraint, seclusion and time out.

4.3.1 Several responses commented that the new definitions were clear. Some comments reflected that they would help promote a common understanding of the various types of restraint. Some comments welcomed the summary list of definitions included in the annexes of the guidance. Some comments requested that the definitions be provided at the start of the guidance to support the readers understanding.

One respondent commented:

“Clearly distinguishes between various types of restraint” (Individual)

Another responded commented:

“It’s really helpful to have standardised language and the terms are easily understood. This approach will help ensure a common understanding.” (Organisation)

4.3.2 Several responses commented that the definition of staff-led withdrawal was not clear. Some comments highlighted it was confusing that a pupil responding to a verbal instruction to leave a class could be termed a physical intervention and in some circumstances a restraint. It was highlighted, in these comments, that this was framed too widely and would have negative impacts on school staff’s ability to intervene to support the wellbeing of individual pupils and the wellbeing and teaching of the wider class. Some comments raised concerns around a pupil’s consent being a determining factor on whether staff-led withdrawal was considered a restraint. These comments highlighted that confusion would arise between staff-led withdrawal and seclusion. Building on this theme, some comments requested case studies be used to clearly articulate the difference between these practices.

One respondent commented:

“Some leaners with ASN, especially those with ASD require time on their own to calm down. They may not consent to this due to being heightened emotionally. Classing these as restraints is both extremely unhelpful and misleading.

Pupils are asked to move as part of de-escalation techniques. Classing these as restraints is not accurate.” (Individual)

Another respondent commented:

“We are also concerned that there are effectively two definitions of ‘staff-led withdrawal’ one that is inclusive of the child or young person’s consent and another which is not. We would suggest that there is only one definition of ‘staff-led withdrawal’ and it must explicitly require a child or young person’s consent. If a child or young person is moved to a room or space by an adult without the young person’s consent, then this should be considered seclusion – even if there are other learners within the same space, but with whom they are not supposed to engage (e.g. a common room or canteen).” (Organisation)

4.3.3 Several responses commented that the definition of seclusion was not clear. Similar to the comments noted above on staff-led withdrawal, some comments highlighted that the distinction between the two practices was unclear. This was raised as a concern in some comments due to the legal risk that the guidance highlights in relation to the use of seclusion. Some comments highlighted that it was essential for the guidance to provide clearer advice on preferred practice in this area. Some comments requested the inclusion of examples and advice on the use of fobbed doors and high handles in relation to the practice. Some comments also requested further clarity on what is meant by a pupil not being free to leave a space and whether this included both the presence of physical barriers (e.g. a locked door or a member of staff barring the way) and verbal instructions.

One respondent commented:

“This section starts with “it should never be used” but then goes on to outline how it should be used. There is the potential for a lack of clarity on preferred practice here….” (Organisation)

The draft guidance advises that seclusion should not be routine practice in schools and advises on the steps that schools and local authorities should take should seclusion take place.

4.4 Support for implementation

This section discusses the key themes of ‘supporting resources and handouts and ‘training’.

The draft guidance provides links to available professional learning resources and further information in the areas of additional support for learning and getting it right for every child policy and practice, nurture and trauma informed approaches, promoting positive relationships and behaviour, children’s rights and minimising restraint. All of these resources and information have a focus on preventing children and young people’s distress through the provision of appropriate support. Many schools and local authorities use external training providers with expertise in the use of restraint. The guidance advises that only training providers that are certified as complying with restraint reduction network training standards should be used.

4.4.1 Several responses commented that supporting resources and handouts would help the implementation of the guidance. Some responses commented that the inclusion of example case studies, checklists, more flow charts, template reports and challenge questions would increase the accessibility and practical application of the guidance. Some responses also commented that a summary version of the guidance and supporting leaflets and posters would be helpful for staff, children and young people and parents.

One respondent commented:

“A shorter printable version of this should be available to increase engagement, and leaflets & posters for display in staff rooms.” (Individual)

Another respondent commented:

“A useful summary and more flow charts like Annexxe D which would allow people to get key messages quickly” (Organisation)

4.4.2 Several responses commented on the importance of training to support staff to implement the guidance. These responses reflected different views on the amount of training required:

• Some responses commented that all staff should be trained in the use of restraint, while some agreed with the advice in the draft guidance that professional learning for the majority of staff focus on support and prevention.
• Some responses expressed the view that 1 member of staff from each should participate in ‘national training’ on the guidance to support local implementation.
• Some comments highlighted that training in the implementation of the guidance should be mandatory.
• Some comments highlighted the importance of professional learning opportunities being available to teachers and support staff.
• One comment expressed the view that consideration should also be given to national training on physical intervention in initial teacher training, rather than solely relying on post-qualifying opportunities.
• Some comments supported the restraint reduction network training standards that are included within the guidance.
• Some comments requested greater clarity in the guidance on training expectations. They felt there was a tension between the guiding principle of no restraint without training and the unplanned use of restraint by an untrained member of staff acting to prevent an injury.
• Some comments also expressed the view that the guidance should not be a substitute for appropriate training and should not be viewed as practice guidance.

One respondent commented:

“Robust and sustained training is key to the effective delivery of practice in line with this guidance. For training to be effective this requires dedicated time for the training itself, often over more than one full day, as well as dedicated time for refresher sessions to ensure confidence in staff.” (Organisation)

Another respondent commented:

“My main feedback is the tension between nobody restraining without training but everyone having to risk assess possible use of restraint as a duty of care to prevent harm as a last resort.” (Individual)

4.5 Issues beyond the scope of the guidance

Issues were raised in some consultation responses which are outside the scope of the non-statutory guidance.

4.5.1 Changes to the legal framework and the creation of statutory guidance

The non-statutory guidance provides advice on the existing legal framework surrounding the use of physical intervention, restraint and seclusion in schools. The development of non-statutory guidance as a first step in improving practice in this area reflects the 2019 agreement between the Scottish Government, the Children and Young People’s Commissioner Scotland and the Equality and Human Rights Commission Scotland. Responses from some individuals and organisations commented that statutory guidance is needed. Some comments also stated that mandatory recording, monitoring and reporting is required. The Scottish Government is exploring opportunities to strengthen the legal framework in this area and will consider the comments received as this work progresses.