Physical Intervention Working Group minutes: June 2024

Attendees and apologies

The following organisations were represented at the meeting

• Association of Directors of Education in Scotland (Chair)
• Scottish Government
• East Ayrshire Council
• Association of Principal Education Psychologists
• British Institute of Learning Disabilities
• Centre for Excellence for Children's Care and Protection
• Education Scotland
• The Office of the Children and Young People’s Commissioner Scotland (CYPCS)
• The Educational Institute of Scotland
• Positive and Active Behaviour Support Scotland
• Association of Head Teachers and Deputes in Scotland
• NASUWT
• First-Tier Tribunal for Scotland
• Society of Local Authority Lawyers and Administrators in Scotland
• Unison

Apologies

 

• CALM Training
• Convention of Scottish Local Authorities
• Fife Council
• Stirling Council
• North Ayrshire Council
• Highland Council
• Janys Scott KC
• Mental Welfare Commission Scotland
• Dumfries and Galloway Council
• Enable Scotland

Items and actions

Welcome, introductions, apologies    

The Chair welcomed everyone to the meeting, the first since 8 May 2024.

Apologies were noted.                        

Note of last meeting (8 May 2024)

A draft note was circulated with the papers. The CYPCS sent suggested revisions before the meeting. The EIS also asked for a minor change to be made. The Scottish Government secretariat will consider these and share an updated note with the wider membership for awareness.

The secretariate provided an update on actions from the last meeting:

Actions:

• Members were invited to send comments on the version of the guidance circulated to the group by 28 May.
• The Scottish Government will share a revised version of the guidance by the end of May / beginning of June for consideration ahead of the next meeting of the group.
• The Scottish Government and CYPCS to meet to discuss the CYPCS asks in relation to the note of the last meeting (November 2021) and a legal sub-group.

Updates:

• Comments were received from NASUWT and EIS. These have been considered and incorporated where possible in the revised version of the guidance.
• A draft was shared on 21 June.
• SG and CYPCS met on 5 June. A further meeting may take place to discuss CYPCS’s comment on the note of the November 2021 working group meeting.

Next steps: Guidance revisions

The Chair introduced the revised versions of the guidance that were shared with the group (with and without tracked changes). The Chair reminded members that the consultation analysis highlighted the following key areas for reconsideration:

• sections of the guidance that can be simplified, without negatively impacting the level of detail required on these interventions;
• how the advice on prevention can be strengthened in line with the comments received; and
• how additional clarification can be provided for some of the definitions (staff led-withdrawal and seclusion).

The key changes that have been made are:

• Update to UNCRC policy advice to reflect the enactment of the incorporation Act earlier this year (a further review will take place as part of the Scottish Government’s due diligence process prior to publication).
• Minor changes to guiding principles to reflect consultation feedback about contradictory advice on training and planning.
• Restructure of prevention section to streamline advice where possible. Inclusion of a new section that combines advice on co-regulation, de-escalation and withdrawal (pupil and staff-led);
• Minor change to physical intervention definition to clarify it relates to physical contact;
• Removal of staff-led withdrawal as a restraint. Advice confirms if it takes place without consent or if a pupil is unable to leave a space it would be considered seclusion. Recording advice updated accordingly.
• Removal of the definition of time out. Advice instead focusses on identifying seclusion.
• Update to the available professional learning resources.
• Combination of safeguarding advice, where possible, to remove unnecessary duplication.
• Addition of relevant health and safety legislation to the legal framework annex.

The Scottish Government advised that Education Scotland’s Inspectorate and the Care Inspectorate have been asked to review the guidance for their interests and that feedback from them was outstanding.

During the subsequent discussion, the following points were made:

• Language throughout the revised draft was improved.
• Recording advice for the use of staff-led withdrawal with consent was problematic.
• Annex F roles and responsibilities go beyond SNCT and GTCS duties.
• Consideration should be given to whether the guidance needs to reflect the points at which staff should consider putting a support plan in place for children and young people who do not have one.
• Foreword should reflect current context in relation to behaviour and violence and resourcing.
• Consideration should be given to the available trauma support for staff and greater reference to staff safety.
• Planning and staff led withdrawal advice is clearer.
• There is a need within the education system to get the guidance published as soon as possible.
• The guidance needs to reflect a pragmatic approach that protects the rights of children and the safety of all (children and staff).
• Staff led withdrawal should be recorded.
• The legal position on seclusion was appreciated but concern was expressed about particular situations where the agreed least intrusive option for a young person’s additional needs is seclusion rather than a physical restraint.
• PABSS has been contacted by 1800 families since 2017 about the use of restraint. There is a need to get the guidance right and get it published.
• Concerns were raised about the use of restraint on younger children.
• The public consultation highlighted specific areas for revision and did not indicate a need to make wholescale changes to the draft guidance.
• CYPCS commented that the guidance needs to be compliant with the UNCRC Incorporation Act 2024 and that the Commissioner is not satisfied with the revised draft to-date.
• There is a commitment to review the guidance’s effectiveness 1 year after publication.

Impact Assessments

Two draft impact assessments were shared with the group for comments and input:

• CRWIA – this has been updated to the new template following the UNCRC Act 2024. The assessment considers the impact for the UNCRC requirements (incorporated articles). Those considered relevant for practice in this area have been included.
• EQIA – this has been reviewed and updated. 

During the discussion it was noted that funding for the implementation of the guidance was not within the remit of the working group.

Next Steps       

It was agreed that another meeting would take place to allow the group to confirm whether or not they are content, for their interests, that the revised guidance is published by the Scottish Government. The Scottish Government aims to publish the final guidance as soon as possible and another meeting will be sought to enable this commitment to be met. ADES and COSLA will share the draft with their respective executives.

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 ahead of the next meeting.

Any other business

No items were raised.

Date of next meeting

The Scottish Government will contact members to arrange a further meeting over the summer recess period.