Physical Intervention Working Group minutes: May 2024

Attendees and apologies

The following organisations were represented

• Association of Directors of Education in Scotland (Chair)
• Scottish Government
• CALM Training
• East Ayrshire Council
• Association of Principal Education Psychologists
• British Institute of Learning Disabilities
• Centre for Excellence for Children's Care and Protection
• Convention of Scottish Local Authorities
• Education Scotland
• Children and Young People’s Commissioner Scotland
• The Educational Institute of Scotland
• Stirling Council
• North Ayrshire Council
• Positive and Active Behaviour Support Scotland
• Association of Head Teachers and Deputes in Scotland
• NASUWT
• Fife Council
• Highland Council
• Janys Scott KC

Items and actions

Welcome, introductions, apologies                                  

The Chair welcomed everyone to the meeting, the first since 23 November 2021 and the conclusion of the public consultation process. Apologies were noted from the following organisations:

• Health and Education Chamber of the First-tier Tribunal for Scotland
• Unison
• Society of Local Authority Lawyers & Administrators in Scotland (SOLAR)
• Mental Welfare Commission Scotland
• Enable Scotland

Membership

Due to the time that has passed since the last meeting, the Chair advised that new representatives have been agreed for some of the organisations. Organisations were also invited to confirm whether they still wished to be involved in the working group. The following organisations advised that they were unable to continue on the group:

• The Scottish Youth Parliament
• The University of Edinburgh

Consultation feedback             

The Scottish Government provided a summary of the analysis of the public consultation that ran between June and October 2022. The consultation analysis process was delayed due to pressures within the Scottish Government. The analysis report was published on 30 April 2024.

The consultation analysis report highlighted key findings and themes arising from the 104 respondents and the 581 comments received. The Scottish Government thanked all those who responded, including many organisations represented on the group. The key themes (points raised 18 times or more) in the consultation were:

• The guidance was considered to be too long, which impacted its accessibility.
• Further clarity on the advice on the prevention of restraint would help the implementation of the guidance.
• Clarity of the definitions. The definitions of the types of physical intervention and restraint were clear; however additional clarity was asked for in relation to the definitions of, and connection between, staff-led withdrawal and seclusion.
• The importance of supporting resources, accessible handouts and training to the implementation of the guidance.     

The Scottish Government advised that in addition the key themes, section 3.3 of the analysis report contained the key findings (points raised 10 times or more).

During the discussion, the following points were made:

• Some of the consultation responses from (anonymised) individuals were disappointing and distressing given the importance of the aims of the guidance.
• It was noted that several comments highlighted the need for a supporting training offer.

Next steps: Guidance revisions

The Scottish Government outlined the next steps for revising the guidance following the feedback received in the consultation. A version of the guidance was shared for discussion that highlighted key areas to consider. These were ways in which:

• sections of the guidance can be simplified, without negatively impacting the level of detail required on these interventions;
• the advice on prevention can be strengthened in line with the comments received; and
• additional clarification can be provided for some of the definitions.

The comments received regarding a summary version of the guidance, supporting resources such as handouts, posters and leaflets are aimed at supporting its implementation and do not relate to suggested changes to the content of the guidance. The Scottish Government is engaging with Education Scotland colleagues to consider what further resources could be developed and provided to support the implementation of the guidance. This will also take account of work underway to develop a relationships and behaviour action plan. As such, it is suggested that the guidance revisions do not focus on this feedback at this stage and instead focus on maximising the clarity of the core advice. The Scottish Government will keep group members informed of progress in this area.

The Scottish Government has considered all comments in full and have included those that highlight necessary revisions within the guidance. These include clarity on reporting advice for residential schools and the advice offered on health and safety reporting. It is also recognised that the advice on the UNCRC requires updating to reflect the enactment of the UNCRC (Incorporation) (Scotland) Act 2024 (the 2024 Act).

The Scottish Government’s target date for publication of the final guidance is June.

CYPCS feedback

The CYPCS advised the group of their disappointment with the delays to the guidance consultation analysis and noted that the legal landscape has changed with the enactment of the 2024 Act. CYPCS asked for the following:

• Consideration be given to the notes of the November 2021 meeting, which were published on the Scottish Government website after circulation to members for comments, and before the June 2022 consultation launch.
• Consideration be given to establishing a legal sub-group to consider the legal framework for restraint in schools with regard to UNCRC compatibility and identify any changes that may be required.

The Scottish Government confirmed that a UNCRC compatibility assessment will be undertaken as part of the clearance process for the revised guidance.

Actions:

• Members were invited to send comments on the version 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.

Any other business        

Legal framework update

The Scottish Government advised that they are continuing to explore their options for strengthening the legal framework in this area. This includes engagement with Daniel Johnson MSP regarding his proposals for a Members Bill on the reduction of restraint and seclusion in schools. The Scottish Government advised that they do not anticipate this work delaying the publication of the non-statutory guidance.

Date of next meeting

The next meeting is planned for June 2024. The Scottish Government will contact members to arrange a date. The Chair requested that the meeting is extended to 90 minutes.