Protecting the rights of children in schools

In 2018, the Children and Young People’s Commissioner’s “No Safe Place” investigation found that use of restraint and seclusion on pupils across Scotland is largely unmonitored, with glaring inconsistencies across local authorities.

The investigation recommended that the Scottish Government produce effective and human rights-compliant national guidance to direct local authorities, schools and staff in the lawful use of restraint and seclusion.

This matter came within our priority aim relating to education – the education system promotes good relations with others and respect for equality and human rights. 

We joined with the Commissioner, warning the Government that without new guidance it was in breach of its human rights obligations to children, as laid out in the United Nations Convention on the Rights of the Child (UNCRC) and the European Convention on Human Rights (ECHR).  

Although the Scottish Government agreed to refresh the existing two-page guidance, this was not sufficient to safeguard children’s rights and in August 2019, we used our power to support a Judicial Review raised in the Scottish courts.

The Scottish Government has now agreed to produce human rights based guidance on restraint, review the effectiveness of the guidance after one year and consider the use of a statutory change if the guidance has not been effective. It will also introduce a new recording system in relation to the use of seclusion and restraint.

We have secured a shift in policy and practice which will protect the human rights of children who are often disabled or have additional support needs in situations where restraint and seclusion have – until now – been used as tools of discipline.