CALM has a long history of supporting national level initiatives, including the development of social policy, guidance and regulatory frameworks. In doing so we have had the privilege of working alongside parents, union representatives, government ministers and departments, professional bodies and practitioners. We see this as a vital role for CALM as it is an opportunity to listen and to ensure our knowledge, experience and expertise in the field is used positively to shape, guide and sometimes challenge these initiatives in an evidenced based way.

As stated by the government – the purpose of this new guidance is to improve the child’s or young person’s learning experiences by outlining best practice in:

• promoting positive relationships, behaviour and wellbeing;
• minimising the use of restraint and seclusion and eliminating their misuse;
• ensuring children and young people’s rights are understood, respected and taken account of in all decisions around the use of physical intervention.

As such it takes a relationship and rights-based approach to physical intervention in Scottish schools. Here is a link to the new guidance –https://www.gov.scot/publications/included-engaged-involved-part-3-relationship-rights-based-approach-physical-intervention-scottish-schools/

Background to the new guidance

• No Safe Place report (2018), CYPCS – highlights inconsistencies in definitions, policy, practice and recording of restraint and seclusion
• Enable Scotlands ‘In Safe Hands?’ campaign – highlights the trauma children and young people suffer as a result of restraint in schools and states that children with additional support needs are more vulnerable to the inappropriate use of restraint
• Equality & Human Rights Commission publish their Human Rights Framework for Restraint (2019) – which sets out advice for policy makers on the human rights implications of restraint for service delivery.
• Independent Care Review (2020) publishes The Promise including the following commitment – “Schools in Scotland must also not exacerbate the trauma of children by imposing consequences for challenging behaviour that are restrictive, humiliating and stigmatising. This includes seclusion or restraint”.
• Additional Support for Learning Review (2020) – emphasises that “early intervention and preventative approaches reduce the need to consider exclusion, physical intervention and seclusion and restraint…..”

The Working Party put together to produce this guidance first met in person in Glasgow just prior to the pandemic. Online meetings continued regularly throughout this time and the guidance was produced in 2022. A public consultation took place at the end of 2022 after which the government reviewed the consultation responses. The working group reconvened in April 2024 and the guidance has now been published (November 2024). CALM has been part of the group since its inception and continue to support this critical area of development.

Much has been said about the guidance being published as ‘non statutory guidance’, which is a disappointment to many. However, it will still create an important benchmark for practice, and, if practice change does not occur, the government has stated it may become statutory (mandatory) guidance in the future.

There are many aspects to the guidance. In relation to professional learning and training it states the following: –

• (118) appropriate ongoing professional learning that encourages a high level of reflective practice, analysis and self-evaluation is crucial. Staff should be supported to access and engage in professional learning opportunities in this area.

• (119) It is recommended that education providers, schools and individual staff consider any further professional learning opportunities or requirements in the following areas:

1. 1. 1. promoting positive relationships and behaviour;
      2. trauma-informed and nurturing approaches;
      3. restorative approaches to supporting positive relationships and behaviour;
      4. recognising and supporting the additional support needs of children and young people in their care;
      5. support children and young people with autism and learning disabilities;
      6. preventative approaches to addressing distressed behaviour; and
      7. completion and use of communication passports

• (121) Where restraint is a foreseeable possibility, schools should use restraint training that is certified as complying with Restraint Reduction Network (RRN) training standards^[51]. This will ensure:

1. 1. 1. training is human rights-focused
      2. that staff also receive training in preventative approaches
      3. that trainers have the appropriate expertise to train in schools
      4. that training in techniques is safe and proportional to that required within the schools and is appropriate for use on children
      5. that training includes hearing from people who have been restrained
      6. that training is accredited by the United Kingdom Accreditation Service as meeting the ISO standards for certification

• (121) No member of staff should attempt to undertake any form of restraint without having completed training in its safe use, which should be Restraint Reduction Network certified, given the risk of harm to the child or young person and themselves. The only exception to this would be in the in the unforeseen and unavoidable exercise of their duty of care.