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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 22 January 2026
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Displaying 3384 contributions

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Education, Children and Young People Committee

Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

Meeting date: 24 September 2025

Douglas Ross

I welcome our second panel of witnesses: Sarah Leitch, director of development at the British Institute of Learning Disabilities; Nicola Killean, the Children and Young People’s Commissioner Scotland; and Ben Higgins, chief executive officer of the Restraint Reduction Network. I welcome them all and know that most of them were here watching the first panel.

Ms Killean, I will start with you. My question to the first panel was about why it has taken us so long to get to this point. Your evidence says that the Government has missed opportunities to use its own legislation to do something. Campaigners have been calling for change for a long time and there have been opportunities for the Government to make changes, but we are now looking at a non-Government bill. Why has that happened?

Education, Children and Young People Committee

Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

Meeting date: 24 September 2025

Douglas Ross

Do you think that you or your predecessors could have done more to get the Government to do something sooner?

Education, Children and Young People Committee

Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

Meeting date: 24 September 2025

Douglas Ross

Is it mandated that they must tell me that my son has tripped over in the playground and scraped his knee?

Education, Children and Young People Committee

Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

Meeting date: 24 September 2025

Douglas Ross

It is a complex bill, but it did not take consultees to our call for evidence much time to highlight that as a deficiency in this bill and in other pieces of legislation. Is there more that your office could do with Government, or are you doing enough to get the issue higher up the agenda and it is incumbent on Government now to listen to those concerns?

Education, Children and Young People Committee

Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

Meeting date: 24 September 2025

Douglas Ross

Mr Higgins, you say that it is good for seclusion to be included in the bill. However, the submission from Clan Childlaw states:

“The definition of seclusion in both the Bill and the Guidance specifically includes the condition that the child must not be able to leave the place that they have been isolated in.”

If we pass the bill, we will basically be endorsing that even though everyone says that it is a breach of the child’s human rights.

Education, Children and Young People Committee

Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

Meeting date: 24 September 2025

Douglas Ross

I am sorry; I will come to you in a second.

But this is happening today, and so what action is being taken to safeguard children’s human rights? It is perhaps being underreported, but we all know that it is happening at the moment and that the breach of their human rights is occurring as we sit here this morning.

Education, Children and Young People Committee

Restraint and Seclusion in Schools (Scotland) Bill: Stage 1

Meeting date: 24 September 2025

Douglas Ross

But a teacher could say to you, “There is a bill going through Parliament at the moment that would try to reduce it, but that does not in any way outlaw it.”

Education, Children and Young People Committee

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 17 September 2025

Douglas Ross

I know—it definitely wasn’t directed at me.

Education, Children and Young People Committee

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 17 September 2025

Douglas Ross

I would like to come in before you move on to other points.

Ms O’Brien, is your concern at such a level that, should the Government not accept what has been said in various responses about the need for compliance with the UNCRC to be incorporated in stand-alone parts of the legislation, you would be unable to support the bill as a whole? Are your concerns so significant that, if people do not have that right of appeal through the UNCRC, support for the bill overall could be under threat?

Education, Children and Young People Committee

Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 1

Meeting date: 17 September 2025

Douglas Ross

Thank you all very much. That concludes today’s evidence session on the bill. I am grateful for your time, insight and contributions to this important part of parliamentary scrutiny.

The committee will now move into private session to consider its final agenda item.

12:53 Meeting continued in private until 13:12.