Physical intervention in schools: draft guidance

Annex A: National policy and legislation

The guidance is set within the relevant 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
• Pupils' Educational Records (Scotland) Regulations 2003
• Education (Additional Support for Learning) (Scotland) Act 2004
• Scottish Schools (Parental Involvement) Act 2006
• Equality Act 2010
• Children and Young People (Scotland) Act 2014

Policy

• Curriculum for Excellence
• Getting It Right For Every Child (GIRFEC)
• Additional support for learning: Code of Practice, 3^rd Edition (2017)
• Additional support for learning: action plan
• Plan 21-24 - 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
• https://www.gov.scot/publications/included-engaged-involved-part-1-positive-approach-promotion-management-attendance-scottish-schools/
• https://www.gov.scot/publications/included-engaged-involved-part-2-positive-approach-preventing-managing-school/
• Learning/intellectual disability and autism: transformation plan

International human rights conventions

The United Nations Convention of the Rights of the Child (UNCRC) (UN Convention on the Rights of the Child - UNICEF UK)

• 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)

Convention against torture and other cruel, Inhuman or Degrading Treatment or Punishment (OHCHR | Convention against Torture)

European Convention on Human Rights (ECHR) and Human Rights Act 1998 (The Human Rights Act | Equality and Human Rights Commission (equalityhumanrights.com))

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) (Convention on the Rights of Persons with Disabilities (CRPD) | United Nations Enable)

Article 5 - the right to equality and non-discrimination

Article 7 - the right of disabled children to enjoy all of their rights and freedoms

Article 14 - prohibits unlawful or arbitrary deprivation of liberty

Article 15 - prohibits torture or cruel, inhuman or degrading treatment or punishment

Article 17 - the protection of physical and mental integrity

Article 24 - the right to education