Restraint and Seclusion in Schools (Scotland) Act 2026

Prospective

3 Duty to inform parents of use of restraint or seclusion S

(1) Where a pupil is subject to restraint or seclusion in a school, the responsible person for that school must inform the parent of the pupil of—

(a) the fact that the pupil has been subject to restraint or seclusion, and

(b) details of the incident giving rise to the use of restraint or seclusion in relation to the pupil.

(2) The responsible person must inform the parent as soon as possible and, in any event, no later than—

(a) the end of the school day on which the incident giving rise to the restraint and seclusion took place, or

(b) where it is not reasonably practicable to inform by then, 24 hours after the occurrence of the incident giving rise to the restraint or seclusion.

(3) If the parent indicates that information about whether a pupil has been subject to restraint or seclusion may be given to another person, the responsible person may comply with subsection (1) by informing that other person instead of the parent.

(4) The duty under this section to inform the parent when a pupil is subject to restraint or seclusion in a school does not apply to types of restraint or seclusion specified in regulations under section 4(9).

(5) In this section—

• the “responsible person” for a school is—

  (a)

  in relation to a school under the management of an education authority, the headteacher of the school or another member of the school staff authorised by the headteacher,

  (b)

  in relation to an independent school, the proprietor of the school,

  (c)

  in relation to a grant-aided school, the managers of the school,

• “end of the school day” means, for any day on which the school is open to its pupils for the purpose of their school education, the time at which the pupils are dismissed from school.

Commencement Information

I1 S. 3 not in force at Royal Assent, see s. 9(2)