Physical Intervention Working Group minutes: August 2024

Attendees and apologies

The following organisations were represented at the meeting

• Association of Directors of Education in Scotland (Chair)
• Scottish Government
• CALM Training
• British Institute of Learning Disabilities
• Children and Young People’s Commissioner Scotland
• The Educational Institute of Scotland (EIS)
• NASUWT
• North Ayrshire Council
• Positive and Active Behaviour Support Scotland
• Association of Head Teachers and Deputes in Scotland
• Society of Local Authority Lawyers & Administrators in Scotland (SOLAR)
• Centre for Excellence for Children's Care and Protection
• Unison

Apologies

• East Ayrshire Council
• Association of Principal Education Psychologists
• Janys Scott KC
• Health and Education Chamber of the First-tier Tribunal for Scotland
• Convention of Scottish Local Authorities
• Mental Welfare Commission Scotland
• Enable Scotland
• Education Scotland
• Stirling Council
• Fife Council
• Highland Council

Items and actions

Welcome, introductions, apologies                                  

Due to technical issues, the meeting started at 14:30. The Chair welcomed everyone to the meeting, the final meeting of the Working Group in its current form. Apologies were noted.

Note of last meeting (26 June 2024)

Comments on the draft note were received from EIS by correspondence and will be incorporated. No further comments were made.

The Scottish Government provided an update on actions from the last meeting.

Actions:

• Members were asked to provide any feedback to the Scottish Government on the revisions to the draft guidance by Friday 5 July.
• Members were asked to provide any feedback and any additional evidence to the Scottish Government on the draft EQIA and the CRWIA by Friday 5 July.
• The Scottish Government will share a final draft of the guidance ahead of the next meeting.

Updates:

• Comments were received from Unison, NASUWT, CELCIS, EIS, First-Tier Tribunal, COSLA and CALM Training.
• Comments and contributions were received from NASUWT and EIS.
• A final draft of the guidance was shared with group members on 23 July.

Draft guidance

The Scottish Government updated members on changes reflected in the final version of the guidance shared with members by correspondence ahead of the meeting. This version reflects comments from Unison, NASUWT, CELCIS, EIS, First-Tier Tribunal, COSLA and CALM Training.

Key changes:

• The changes in response to these comments have been largely structural, with some edits to increase the clarity of language and advice. The roles and responsibilities summary (previously annex F) has been removed due to comments questioning its value and clarity.
• No substantive changes have been made to the advice on restraint and seclusion.
• In response to concerns about workload for recording restraint, the school’s deadline for sharing the full written record of restraint or seclusion with the local authority or appropriate Board has increased from 2 to 5 working days. This change is in line with consultation feedback in this area. This change does not alter the reporting expectations to parents or the authority.
• This version has had an initial proofread from the Scottish Government and it is noted that hyperlinks are still to be added throughout to replace the majority of footnotes to increase the guidance’s accessibility.
• The overall revisions to the draft have reduced its length by 5 pages from the 2022 consultation version.
• A small number of comments have highlighted points that will be considered by the Scottish Government as part of the clearance process.

The following comments were made by members during the subsequent discussion:

• PABSS advised that they were disappointed the Scottish Government has not produced statutory guidance, which they felt was necessary to comply with UNCRC articles. For this reason, PABSS were not willing to endorse the guidance.
• CYPCS commented that the guidance does not give staff a clear steer on the legal framework and confirmed their organisational position of not endorsing any Scottish Government guidance.
• BILD noted the further asks in relation to guidance content but advised that they were keen to move forward with publication and felt that any further changes could be considered following the planned 1-year review.
• EIS noted that there were mixed views on the group about the need for statutory versus non-statutory guidance.

The Chair confirmed that this is Scottish Government guidance and that group members were not being asked to provide a formal endorsement of the guidance.

Action:

• Members were asked to consider the final version of the guidance and confirm by correspondence by Friday 23 August whether they are content, for their interests, for the guidance to be published.

Impact assessments

The Scottish Government provided an update on the versions of the Children’s Rights and Wellbeing and Equality Impact assessments shared in advance of the meeting.

Comments were received from EIS and NASUWT by correspondence and the following updates have been made to the versions circulated:

• CRWIA – this has been updated to reflect feedback on the clarity of language and the wider impacts on all children and young people. 
• EQIA – this has been reviewed and updated to reflect feedback on the clarity of language and the wider impacts on children and young people and staff. Evidence from the 2023 BISSR, pupil census and EIS and NASUWT member surveys and reports have been added.

Action:

• Members were asked for any final comments on the impact assessments by Friday 23 August.

Next steps

The Scottish Government provided an update on the next steps for publishing the guidance.

Following 23 August, the Scottish Government will proceed with due process for publication of the guidance and impact assessments. The Scottish Government will keep members informed by correspondence of the timescales for publication and whether any significant amendments are made as a result of this process.   

Any other business

No items were raised.

Date of next meeting

The Chair thanked members for their significant contributions to this work and advised that this would be the last meeting of the Working Group in its current form.