Children (Care, Care Experience and Services Planning) (Scotland) Act 2026

Prospective

38 Guidance on use of restraint and seclusion in relevant care services S

(1) The Scottish Ministers must issue guidance to managers of relevant care services about the use of restraint and seclusion in relevant care services.

(2) Guidance under subsection (1) must in particular include guidance about—

(a) the meanings of restraint and seclusion for the purposes of this section,

(b) appropriate and inappropriate forms of restraint and seclusion,

(c) alternatives to restraint and seclusion,

(d) action that might be taken to prevent or minimise the use of restraint and seclusion,

(e) matters to be taken into consideration with a view to safeguarding persons being provided with a relevant care service who are subject to restraint or seclusion,

(f) legal requirements, and any other legal considerations, that might apply or be relevant to the use of restraint or seclusion,

(g) action to be taken following an incident resulting in the use of restraint or seclusion,

(h) the recording, reporting and monitoring of incidents involving the use of restraint or seclusion,

(i) inspection of the practice of restraint and seclusion,

(j) the training of staff in the use of restraint and seclusion,

(k) processes for the making of complaints about the use of restraint and seclusion and the provision of information about the making of such complaints,

(l) action to be taken to resolve or remedy complaints.

(3) The Scottish Ministers must keep the guidance under review and may issue revised guidance from to time to time.

(4) Guidance under this section may make different provision for different purposes, including different provision for different relevant care services.

(5) Before issuing guidance or revised guidance under this section, the Scottish Ministers must consult—

(a) managers of relevant care services,

(b) Social Care and Social Work Improvement Scotland,

(c) the Commissioner for Children and Young People in Scotland,

(d) persons who are being provided with, or who have at any time been provided with, a relevant care service,

(e) such other persons as the Scottish Ministers consider appropriate.

(6) For the purposes of subsection (5), it is immaterial that anything done by way of consultation in relation to the first guidance issued under this section was done before this section comes into force.

(7) A manager of a relevant care service must have regard to guidance and revised guidance issued under this section.

(8) Guidance and revised guidance issued under this section must be published in such manner as the Scottish Ministers consider appropriate.

(9) In this section—

• “relevant care service” means—

  (a)

  a care home service which is provided wholly or mainly to children,

  (b)

  a school care accommodation service which is provided within the same facility as a secure accommodation service,

  (c)

  a secure accommodation service,

• “care home service” has the meaning given by paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “school care accommodation service” has the meaning given by paragraph 3 of that schedule,

• “secure accommodation service” has the meaning given by paragraph 6 of that schedule.

Commencement Information

I1 S. 38 not in force at Royal Assent, see s. 70(2)