Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S5W-01114 · Session 5

What its position is on introducing legislation to protect the rights of children with (a) additional support needs and (b) learning diffic…

Answered Asked by Tavish Scott LD Lodged 28 Jun 2016

The question

To ask the Scottish Government what its position is on introducing legislation to protect the rights of children with (a) additional support needs and (b) learning difficulties in cases where physical restraint is used in schools.

The answer

Answered by John Swinney on 25 Jul 2016 · 27 days after it was lodged, on time

There are no plans to introduce legislation on the use of physical restraint in schools. The Scottish Government is clear that the use of physical intervention, physical restraint and supported isolation should only ever be used as a last resort and when in the best interests of the child. These approaches should never be used for disciplinary purposes.

The Scottish Government is committed to ensuring the safety and wellbeing of Scotland’s children and young people and each local authority is responsible for the care, safety and welfare of pupils in school. To support this, we have committed to include guidance on the use of restraint (for all children, including children with complex additional support needs), in the context of de-escalation as part of early intervention approaches in our refreshed guidance Included, Engaged and Involved Part 2: A Positive Approach to Preventing and Managing School Exclusions. This approach has been agreed by stakeholders including the Association of Directors of Education Scotland who agree that physical restraint should be seen in the context of positive relationships and behaviour.

In the Official Report

No contribution in the Official Report cites S5W-01114 by reference.