2Guidance on restraint and seclusion in schools(1)

The Scottish Ministers must issue guidance to education providers about the use of restraint and seclusion in schools.

(2)

The guidance must include in particular guidance about the following matters—

(a)

what is meant by significantly restricting physical movement for the purposes of the definition of restraint in section 1(1)(a),

(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 pupils 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)

compliance with the duties under this Act,

(l)

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

(m)

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 elaborate upon the definitions of “restraint” and “seclusion” in section 1.

(5)

Guidance under this section may make different provision for different purposes, including different provision for different education providers or different schools.

(6)

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

(a)

education providers,

(b)

persons or bodies appearing to the Scottish Ministers to be representative of the interests of parents of pupils,

(c)

any trade union appearing to the Scottish Ministers to be representative of the staff in schools,

(d)

children and young people,

(e)

the Commissioner for Children and Young People in Scotland,

(f)

such voluntary organisations and other persons as the Scottish Ministers consider appropriate.

(7)

For the purposes of subsection (6), 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.

(8)

An education provider must have regard to guidance and revised guidance issued under this section.

(9)

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