The Restraint and Seclusion in Schools (Scotland) Bill was introduced in the Scottish Parliament by Daniel Johnson MSP on 17 March 2025. This briefing explores the current policy landscape, recent policy developments and discussions, and then explores the provisions of the Bill.
The Restraint and Seclusion in Schools (Scotland) Bill ("the Bill") is a Member's Bill and was introduced by Daniel Johnson MSP on 17 March 2025. The Bill aims to improve the regulation and monitoring of the use of restraint and seclusion in Scottish schools.The Bill's provisions would apply to all pupils.
The Bill defines restraint and seclusion and it has four further substantive sections. These will create duties:
on Scottish Ministers to issue guidance on the use of restraint and seclusion in schools
on schools to inform parents/carers if their child is subject to restraint or seclusion
to record and report on the use of restraint and seclusion in schools
on Scottish Ministers to maintain a list of approved training providers on the use of restraint and seclusion in schools.
The use of restraint and seclusion in schools has been a topic of debates for some time. For example, a petition to the Scottish Parliament (PE1548) was lodged in 2015 and this called for new national guidance to be produced. In 2018 an investigation by the Children and Young People's Commissioner Scotland (CYPCS) highlighted inconsistent practices across local authorities and alack of monitoring.
The Scottish Government produced and published new guidance on this topic in 2024. This guidance covers similar issues as the Bill, including:
an emphasis on preventative, rights-based, trauma-informed approaches
support for de-escalation and co-regulation techniques
post-incident evaluation and support
guidance on the reporting and recording of incidents
training of staff.
Some of the key themes of the work and discussions around restraint and seclusion in schools, including the consultation prior to the introduction of the Bill, have been:
Concerns over frequency and/or legality of the us restraint/seclusion.
Importance of training to support staff.
The need for consistent data collection and timely parental notification.
Alignment of policy and practice with with human rights instruments.
The financial memorandum accompanying the Bill estimated that the costs of the Bill would be between £1.7 million –£3.3 million annually. The Bill will require a Financial Resolution.
The Restraint and Seclusion in Schools (Scotland) Bill is a Member's Bill that was introduced by Daniel Johnson MSP on 17 March 2025. The Bill would create a duty on the Scottish Government to produce statutory guidance and duties in relation to the use of restraint and seclusion in schools. The lead committee on this Bill at Stage 1 will be the Education, Children and Young People Committee.
In the Policy Memorandum accompanying the Bill, Daniel Johnson MSP said that he "seeks clarity about how and when physical intervention is appropriate, and how that is monitored and overseen, whilst ensuring that recourse is available when needed." He also aims to improve how incidents of restraint and seclusion are reported.
The Scottish Government published guidance on physical intervention in schools in 2024. This includes definitions of both restraint and seclusion. These are:
Restraint: An act carried out with the purpose of restricting a child or young person's movement, liberty and/or freedom to act independently.
Seclusion: An act carried out with the purpose of isolating a child or young person, away from other children and young people and staff, in an area in which they are prevented from leaving.
The guidance said that restraint and seclusion should not be used routinely and only under a limited set of circumstances.
The discourse around this issue tends to focus on restraint and seclusion of disabled young people or pupils with other Additional Support Needs. However, the scope of the Government's guidance and the Bill covers all pupils.
There is a separate regime for regulation of children's care services. This includes requirements to report incidents of restraint or seclusion to the Care Inspectorate.
This briefing explores the policy debates around restraint and seclusion in schools in more detail.
The issue of the use of restraint and seclusion in schools has been considered by the Scottish Parliament in the past. For example, petition PE1548: National Guidance on Restraint and Seclusion in Schools was lodged in 2015 and was closed over seven years later in 2022. Furthermore,the Children and Young People's Commissioner Scotland undertook an investigation into restraint and seclusion in schools and published a report in December 2018.
Petition PE1548 called for specific national guidance on restraint and seclusion in schools and for better monitoring of the practices. The petitioner, Beth Morrison, was motivated to highlight these issues following personal experience of her child being subject to restraint practices.1 The petitioner was particularly concerned with the restraint and seclusion of disabled young people.
The UN's Committee on the Rights of the Child's Concluding observations on the 5th periodic report of the United Kingdom of Great Britain and Northern Ireland was published in 2016. This highlighted concerns around the use of restraint of children in a number of settings, including "the use of restraint and seclusion on children with psychosocial disabilities, including children with autism, in schools." In 2016, the Committee on the Rights of the Child recommended that the UK 'state party':
Ensure that restraint is used against children exclusively to prevent harm to the child or others and only as a last resort.
Systematically and regularly collect and publish disaggregated data on the use of restraint and other restrictive interventions on children in order to monitor the appropriateness of discipline and behaviour management for children in all settings, including in education, custody, mental health, welfare and immigration settings.
The 5th periodic report of the Committee on the Rights of the Child also expressed concern over the use of "isolation rooms" and recommended that their use be ceased in the UK.
The Concluding observations on the combined 6th and 7th periodic reports the Committee on the Rights of the Child were published in 2023. This document called for statutory guidance on the use of restraint as well as recommending that the UK 'state party' "prohibit the use of restraint and seclusion in educational settings and adopt a child rights-based approach to addressing violence or other disturbances in schools."
In 2017, the Scottish Government reviewed its guidance on school exclusion, “Included, Engaged and Involved Part Two”, to include content on restraint and seclusion. It then produced specific guidance in 2024.
In 2018, using powers under Section 7 of the Commissioner for Children and Young People (Scotland) Act 2003, the Children and Young People's Commissioner Scotland undertook an investigation into restraint and seclusion in schools. The Terms of Reference for the investigation referenced both the petition and the 2016 report of the Committee on the Rights of the Child noted in the previous section of this briefing.
The report on the investigation, No Safe Place, was published in December 2018. The then Commissioner, Bruce Adamson, said in the foreword to the report:
We have been told of children being 'regularly restrained in front of other children', and of the terrible loss of dignity for children restrained or placed in seclusion who become so distressed that they soil themselves. We have been sent photographs of disabled children with injuries alleged to have been sustained at school while in the care and under the supervision of adult professionals. Parents and carers have spoken to us of the frustration they feel in trying to challenge practice they consider has resulted in physical and emotional harm to their children. Some parents and carers have even resorted to reporting incidents to the police, seeking criminal prosecutions for assault.
There may be times when the use of restraint or seclusion is a necessary response as a measure of last resort to prevent harm to a child or to others. But under any circumstances, it has a profound impact on children: both those who experience it, and those who witness it.
Children and Young People's Commissioner Scotland. (2018). No Safe Place: Restraint and Seclusion in Scotland's Schools. Retrieved from https://www.cypcs.org.uk/resources/no-safe-place/
The Commissioner found that the "use of restraint and seclusion on pupils across Scotland is largely unmonitored, with glaring inconsistencies across local authorities." The report's recommendations included:
The Scottish Government should publish a rights-based national policy and guidance on restraint and seclusion in schools. Children and young people should be involved at all stages of this process to inform its development.
Local authorities should record all incidents of restraint and seclusion in schools on a standardised national form. Anonymised statistical data should be reported to the Scottish Government's Children and Families Directorate. The Scottish Government should analyse and publish this data as part of its official statistics.
Local authorities should ensure that all children considered to potentially require physical intervention have a plan agreed in advance with the child and their parent(s) and/or carer(s).
Local authorities should ensure that restraint and seclusion is only carried out by staff members who are trained to do so.
Education Scotland and the Care Inspectorate should further scrutinise the use of restraint and seclusion in schools as part of their inspection regimes. The organisations should involve children and young people [in developing their approaches to this].
The Government's initial response to this report highlighted the existing guidance on this and did not commit to developing new guidance. The Commissioner and the Equalities and Human Rights Commission Scotland (EHRC) were not satisfied with the Scottish Government's initial response. The EHRC argued that "without new guidance [the Scottish Government] was in breach of its human rights obligations to children" and sought to initiate a judicial review.
The Scottish Government undertook further discussions with the EHRC and the Commissioner and legal proceedings were not pursued. The Commissioner reported that the Scottish Government agreed to:
Produce human rights-based guidance on restraint and seclusion and review the effectiveness of that guidance
Involve children, young people and their families in the drafting and review of the guidance
Consider statutory action should the guidance prove to be ineffective
Develop and introduce a standard dataset to be implemented across Scotland to ensure consistent recording and monitoring of incidents of restraint and seclusion.
To develop new guidance and take forward other issues raised by the Commissioner, the Scottish Government convened a Physical Intervention Working Group in early 2020. The membership of the Group was large, with a total of 30 organisations listed in the Group's terms of reference. It was anticipated that the new guidance would be produced by early 2021, although this timescale was, no doubt, interrupted by the pandemic. It is difficult to follow the progress of this Group as the published minutes do not, at the time of writing, appear to be up to date.
In 2022, the Scottish Government consulted on draft guidance. The Scottish Government published Included, engaged and involved part 3: A relationships and rights-based approach to physical intervention in schools in November 2024.
The guidance set out Guiding Principles, which include the importance of promoting positive relationships, behaviour and wellbeing among children. The aim of the guidance is to minimise the use of restraint and seclusion, eliminate the misuse of these practices. and ensure that that all decisions around the use of physical intervention, restraint and seclusion respect and comply with children's rights.
The guidance highlights the importance of preventative approaches to avoid distressed behaviour. It says that regular planning and review of support are essential; and it is important to engage children, young people, and their parents in developing these preventative strategies.
The guidance highlights co-regulation and de-escalation techniques to support children in regulating their emotions and behaviour. Strategies, such as pupil-led and staff-led withdrawal, were identified as alternatives to restraint and seclusion to help manage situations effectively.
The guidance differentiates between physical intervention, restraint, and seclusion. It says that restraint should only be used as a last resort to prevent immediate risk of injury, and all practices must follow legal frameworks and safeguards to ensure they are lawful.
After incidents, the guidance says that immediate support should be provided "to the child or young person, staff members and any others involved". The Government suggested conducting learning reviews to help to understand and prevent future incidents. These should involve children (when appropriate) and their parents/carers.
The guidance states that incidents of restraint and seclusion must be reported and recorded. It says that monitoring data is essential to identify trends and improve practices, ensuring transparency and accountability in the reporting process.
The guidance says that training should be provided on promoting positive relationships and behaviour, with a focus on trauma-informed and nurturing approaches. Staff should also be trained in safe restraint techniques if necessary.
There have been a number of recurring themes in discussions around the restraint and potential seclusion of pupils. This is reflected in the Scottish Government's current guidance and the Bill.
These themes include:
prevalence of the use of restraint and seclusion
training provision
reporting practices
understanding the use of restraint or seclusion through a rights-based lens
Prior to the Bill's introduction, the Member in Charge, Daniel Johnson MSP, undertook a consultation and this, along with the Bill's Policy Memorandum provides useful commentary on the proposals of the Bill and these themes. Details of the Member's proposal and an analysis of responses to his consultation can be found on the Scottish Parliament's website.
Concerns about the prevalence of the use of restraint and seclusion fall into several different but related categories:
concern that restraint/seclusion is used too much or at all
concern that there is unlawful restraint/seclusion
concern that there is inadequate or insufficient data to understand the prevalence of restraint conclusion.
The 2020 report of the Care Review said that "Scotland must strive to become a nation that does not restrain its children." It suggested that to achieve this, the children's services workforce would need to be supported to respond to "challenging behaviour in a trauma informed way, building relationships in advance so that a child or young person’s history, current circumstances and behavioural triggers are known and can be responded to individually, in advance of, during and after a crisis occurs".1
Under the heading of 'Policy objectives of the Bill', the Policy Memorandum referenced organisations, including the Children and Young People's Commissioner Scotland (CYPCS), who have been seeking "statutory guidance to seek to ensure minimal appropriate use of accepted techniques, but with an emphasis on de-escalation wherever possible." (Paragraph 4)
Positive & Active Behaviour Support Scotland's 2025 report highlighted concerns about the continuing use of restraint and seclusion. It said:
While these practices are intended to manage severe behavioural incidents and only supposed to be used as a “last resort”, the evidence is that they are used routinely, on a daily basis across the country as a first response and indeed commonly as a punishment. This raises serious concerns about children’s rights, emotional wellbeing, and inconsistent application across local authorities.
Positive & Active Behaviour Support Scotland. (2025). The PABSS Report 2025. Retrieved from https://www.pabss.org/research/pabss-report-2025
The CYCPS's 2018 report on restraint and seclusion noted that there was wide variation between the reported use of restraint in different local authorities. It said "it is impossible to say with any certainty whether this wide variation is evidence of a much higher prevalence of restraint and seclusion in some local authority areas, the result of different recording practices, or a greater concentration of special schools in particular areas."3
In 2018, the CYCPS recommended that local authorities ensure that "restraint and seclusion is only carried out by staff members who are trained to do so". It also recommended that training should only be provided to those professionals that have been assessed as requiring it.1
Appropriate training is considered important to ensure that restraint/seclusion would only be used legally and appropriately and within an approach which seeks to minimise the use of such techniques. The 2024 Scottish Government guidance references the Restraint Reduction Network Training Standards. These intend to be "a set of ethical training standards that protect human rights and support the elimination of unnecessary restrictive practices". These standards aim to:
protect people’s fundamental human rights and promote person-centred, best interest and therapeutic approaches to supporting people when they are distressed
improve the quality of life of those being restrained and those supporting them
reduce reliance on restrictive practices by promoting positive culture and practice that focuses on prevention, de-escalation and reflective practice
increase understanding of the root causes of behaviour and recognition that many behaviours are the result of distress due to unmet needs
focus on the safest and most dignified use of restrictive interventions, including physical restraint, where this is required.
The initial Bill proposal included mandatory training on restraint for all teachers and classroom assistants. A large majority of respondents supported this.2 The Bill does not include provisions around mandatory training; rather, it provides that statutory guidance would cover these issues and that the Scottish Government would maintain a list of approved training providers.
The summary of the consultation noted that some of those who responded were concerned that there could be an "increased use of restraint or seclusion due to increased training". The 2020 Reducing Restrictive Intervention of Children and Young People report observed a complex relationship between training and use of restrictive intervention in its research. It found:
A high number of restrictive interventions and child injuries were identified where schools had received training, often from well known training providers in this field. This begs the questions what that training consisted of and how it was being implemented. Although the training providers cannot ensure that the guidelines of the training are implemented by staff in every setting, it should be their core responsibility to follow up and evaluate the effectiveness of their training, and some system is needed to accredit or quality assure training providers.
The Challenging Behaviour Foundation and Positive and Active Behaviour Support Scotland. (2020). Reducing Restrictive Intervention of Children and Young People. Retrieved from https://www.challengingbehaviour.org.uk/wp-content/uploads/2019/01/rireportfinal.pdf
Trade unions responding to the consultation on the draft Bill also had concerns with the prospect of mandatory training.2
There are two aspects to concerns about schools and local authorities reporting incidents of restraint or seclusion. The first is the communication between the school and the parents/carers, i.e. ensuring that parents and carers are informed of any incidence of restraint or seclusion of their child. The second is that data on the use of restraint or seclusion is not collected consistently to allow for analysis of schools' use of such techniques.
The 2020 Reducing Restrictive Intervention of Children and Young People report said that the data it collected "suggests that families are not being routinely informed when restrictive interventions have been used". The report continued "some families stated that they had only been informed that their child had been restrained and/or secluded after they directly asked someone at the school about injuries their child had returned home from school with."1
A key theme of the consultation on the proposed Bill was that "parents, guardians and carers should always be informed of the use of restraint and seclusion, and that they have the right to know when these practices are used on children in their care".2
The Policy Memorandum states:
The Member strongly believes that parents, carers and guardians must be informed of any incidents of seclusion or restraint as soon as possible. In the years leading up to the introduction of this Bill, the Member has received substantial evidence highlighting cases where parents were either not informed about their child’s restraint or seclusion at school or only found out because their child returned home traumatised or with visible injuries. The overwhelming weight of this evidence is the primary reason that he is advocating for legislative change through a Member’s Bill.
Paragraph 5
The Scottish Government's 2024 guidance covered both the reporting to parents/carers and how any incidents should be recorded. It said:
Parents and carers of the child or young person who was subject to restraint or seclusion should be notified at the earliest possible opportunity. This must take place as soon as possible during the school day and, exceptionally, within 24 hours of restraint or seclusion being used where it has not been possible to make contact or unless alternative contact arrangements have been agreed. The use of restraint and seclusion should be reported to the education authority, the managers of the grant-aided school or the proprietors of the independent school within two working days, with the full written record shared within five working days.
Scottish Government. (2024). Physical intervention in schools - a relationships and rights based approach: guidance. Retrieved from https://www.gov.scot/publications/included-engaged-involved-part-3-relationships-rights-based-approach-physical-intervention-schools/pages/9/#_Annex_B:_List
As noted above, the CYCPS's 2018 investigation found evidence of inconsistent record keeping and data collection across different local authorities. It said:
In order to ensure that children are safeguarded and protected, recording of incidents of restraint and seclusion is essential. We were concerned to find that the range and inconsistency in policies provided and the lack of guidance specific to restraint and/or seclusion is further complicated by the variety and purpose(s) of forms to be completed. This creates a confusing landscape, both for school staff trying to use these materials and particularly for parents and children who attempt to interpret the information provided.
Children and Young People's Commissioner Scotland. (2018). No Safe Place: Restraint and Seclusion in Scotland's Schools. Retrieved from https://www.cypcs.org.uk/resources/no-safe-place/
The Equality and Human Rights Commission (EHRC) undertook an inquiry into how schools in England and Wales are monitoring and recording their use of restraint. In its report, the EHRC said
Over the course of our inquiry we concluded that the monitoring of restraint in schools should be prioritised equally to the monitoring of school exclusions. This would provide greater understanding of the levels of restraint use in England and Wales, reassuring parents and carers and allowing for greater transparency.
Equality and Human Rights Commission. (2022). Restraint in schools inquiry: using meaningful data to protect children's rights. Retrieved from https://www.equalityhumanrights.com/guidance/restraint-schools-inquiry-using-meaningful-data-protect-childrens-rights
The CYCPS's 2018 investigation recommended that national guidance and policy be "rights-based".
The Scottish Government's 2024 Guidance contextualises policy in this area within a range of international treaties and conventions, as well as domestic legislation. These include:
UN Convention on the Rights of the Child (UNCRC)
Human Rights Act 1998
UN Convention on the Rights of Persons with Disabilities (UNCRPD)
Equality Act 2010
Health and Safety at Work etc. Act 1974.
In 2019, the EHRC published a human rights framework for restraint which was intended as a "tool for policy makers ... to inform policy and legal developments". This framework covers the use of restraint in a range of settings and services, including adult services and justice as well as children's services. This framework stated that no restraint, in any setting, should be used as a punishment or be unnecessarily humiliating. It also highlighted that, in relation to children, the framework stated:
When a decision is being made on whether and how to restrain a child:
Their best interests must be a primary consideration. This does not mean that the child’s best interests automatically take precedence over competing considerations, such as other people’s rights, but they must be given due weight in the decision to restrain.
Children are developing physically and psychologically which makes them particularly vulnerable to harm. The potentially serious impact of restraint on them will require weighty justification.
Techniques intended to inflict pain as a means of control must not be used.
A person entrusted with the care of a young child may be required to restrict the child’s action to ensure their welfare and safety. If the restraint is consistent with ordinary acceptable parental restrictions upon the movements of a child of that age and understanding this will generally be lawful.
Equality and Human Rights Commission. (2019). Human rights framework for restraint. Retrieved from https://www.equalityhumanrights.com/ehrc-calls-national-training-standards-restraint-children-response-government-consultation-guidance
The EHRC also set out some "procedural safeguards". These included that:
all persons using restraint must be adequately trained
any anticipated use of restraint must be planned and regularly reviewed; this should include considering how to avoid or minimise the use of restraint and any risks to the person’s physical and mental wellbeing
to the extent that urgency permits, a person must be consulted and involved in a decision to restrain them, or to continue restraint for a prolonged period
use of restraint should be recorded in proportionate detail to enable the lawfulness of the restraint to be assessed.
The Bill is short and has five substantive sections. Section 1 provides definitions of restraint and seclusion. Sections 2-5 will create duties:
on Scottish Ministers to issue guidance on the use of restraint and seclusion in schools
on schools to inform parents/carers if their child is subject to restraint or seclusion
to record and report on the use of restraint and seclusion in schools
on Scottish Ministers to maintain a list of approved training providers on the use of restraint and seclusion in schools.
The Scottish Government provided a memorandum on the Bill and commented on these provisions. Overall, the Government indicated that it would support the general principles of the Bill at Stage 1.
Section 1 of the Bill defines restraint and seclusion in the following way:
“restraint” means anything done by a member of the staff of an education provider with the intention of restricting the physical movement of a child or young person, including restricting their freedom of movement or ability to move independently
“seclusion” means anything done by a member of the staff of an education provider with the intention of isolating a child or young person from other children or young people and preventing them from leaving the place where they are isolated.
The Scottish Government's memorandum noted that these definitions "closely align with those used in the 2024 guidance". However, it said that the definition of restraint could be too wide as set out in a Bill. It argued:
Such a broad definition of restraint in primary legislation could risk, in the Scottish Government’s view, defining practices that are not of obvious concern as restraint (examples include holding a child’s hand as they cross a road or the use of hoists or other ‘moving and handling’ equipment for children with complex healthcare needs). Clarification in the supporting statutory guidance, as envisaged by the Member, may not allow such practices, currently termed ‘physical interventions’ within the 2024 guidance, to be excluded from the Bill’s definition of restraint. The Scottish Government therefore believes there to be merit in exploring whether a narrower definition of restraint that includes the practices of the highest concern, such as physical and mechanical restraint, would achieve the aims of the Bill.
Scottish Parliament. (2025). Restraint and Seclusion in Schools (Scotland) Bill - Scottish Government memorandum. Retrieved from https://www.parliament.scot/chamber-and-committees/committees/current-and-previous-committees/session-6-education-children-and-young-people-committee/correspondence/2025/restraint-and-seclusion-in-schools-scotland-bill-scottish-government-memorandum
The Bill would provide that the Scottish Government would have to produce statutory guidance about the use of restraint and seclusion. Education providers would have to 'have regard' to this guidance.
The Bill provides that this guidance must include a guidance on a range of matters, including:
appropriate and inappropriate forms of restraint and seclusion
alternatives to and how to minimise the use of restraint and seclusion
the recording and monitoring of incidents
training of staff
complaints processes.
The Bill also provides for statutory consultees that the Government would need to consult in preparing the guidance.
What is statutory guidance?
Statutory guidance is guidance that has been prepared and published under a statutory power. There is normally an associated statutory duty on certain bodies to 'have regard to' this type of guidance in carrying out certain functions.
Making guidance subject to a 'must have regard to' requirement places those to whom it applies under a statutory duty. This does not amount to an obligation to comply with the guidance. However, if a person to whom such guidance was directed were to disregard it and were challenged, they would need to be able to show that they had at least given adequate consideration to the guidance and that, if they decided not to follow it, they had justifiable reasons for not doing so. Such guidance has statutory status and legal consequences flow from that.
In a letter to the Delegated Powers and Law Reform Committee, Daniel Johnson MSP said:
Giving the guidance statutory status does not mean that persons to whom it is directed must comply with it. Compliance can only be required through imposing clearly defined legal obligations in legislation. However, I believe that statutory guidance will have greater weight than non-statutory guidance and is therefore more likely to influence how education providers approach the use of restraint and seclusion in schools.
Scottish Parliament. (2025). Restraint and Seclusion in Schools (Scotland) Bill, Letter from Daniel Johnson MSP to the Convener, 17 June 2025. Retrieved from https://www.parliament.scot/chamber-and-committees/committees/current-and-previous-committees/session-6-delegated-powers-and-law-reform-committee/correspondence/2025/restraint-and-seclusion-in-schools-scotland-bill-17-june-2025
The Bill would create a duty on schools to inform parents/carers when their child has been subject to restraint or seclusion. The Bill specifies that the school must inform the parent/carer as soon as possible and no later than 24 hours after the incident.
This is the same as the expectations set out in the 2024 Scottish Government guidance.
Section 4 would require education providers to record all incidents of restraint or seclusion.
The Bill would require independent and grant-aided schools to report the number of incidents to the local authority in which they are situated. Local authorities would be required to report to the Scottish Government the number of incidents of restraint or seclusion in all schools in their area (i.e. local authority schools and independent schools). The Scottish Government would be required to report on these data every year.
The Scottish Government's memorandum suggested that there were two issues that may have to be considered during scrutiny of the Bill or in the production of the resulting statutory guidance1:
whether grant-aided and independent special schools should report to the local authority which placed the child in the school, which may not be the local authority in which the school is situated
how to manage any possible dual reporting of residential care accommodation and secure care accommodation services - i.e. the reporting envisaged in the Bill in addition to duties to report to the Care Inspectorate.
The Bill would require the Scottish Government to maintain a list of approved training providers on the use of restraint and seclusion. This will link to the statutory guidance produced under Section 2, which would need to include guidance on the training of staff. The Explanatory Notes accompanying the Bill explained that the list is " intended to be the authoritative source of appropriate training for school staff, particularly those in roles involving contact with children and young people who are likely to be subject to restraint or seclusion". (Paragraph 16)
There are a number of organisations that currently accredit or certify courses in how and when to undertake physical restraint. For example, the Restraint Reduction Network has developed training standards and these are certified by Bild Association of Certified Training under licence. Accreditation is voluntary and there are a range of courses available in this area that have not been certified by Bild ACT.
The Bill is concerned with the use of restraint in schools. As noted previously in this briefing, the 2020 report of the Care Review suggested that Scotland should seek to stop the use of restraint.
Care services are regulated by the Care Inspectorate. The Care Inspectorate has a "Policy position on the use of restrictive practices", which is:
The Care Inspectorate is committed to upholding and promoting human rights and the rights of the child. These rights may only be restricted as a last resort, including in the use of restraint. The use of restrictive practices, including physical restraint, must be considered within a context of the conflict in the promotion of rights, independence and choice for children and adults, versus promoting and maintaining our duty of care. In law, the use of force in any form is required to be justifiable, reasonable and proportionate. Practitioners may be required to take protective action to keep children and adults safe from harm that may affect rights, including choice, dignity and freedom. However, this must be delivered within a context of positive risk taking and compassionate care.
Care Inspectorate. (n.d.) Policy position on the use of restrictive practices. Retrieved from https://www.careinspectorate.com/index.php/guidance/9-professional/7875-policy-position-on-the-use-of-restrictive-practices
The Scottish Government's memorandum on the Bill explained that care providers have a duty to record incidences of restraint and to report on the use of restraint and seclusion to the Care Inspectorate.2
The Care Inspectorate publishes statistics on restrictive practice. The most recent report relates to 2024 and was published on 31 July 2025. The Care Inspectorate reported that:
There were 6,263 incidents of physical restraint in 2024, and the median number of incidents of physical restraint for all services was 1. This means that half of services had 1 or fewer incidents and half had 1 or more. There were 68 (-1.1%) fewer incidents of physical restraint than the previous year, and the median number of incidents of physical restraint across all services decreased from 2.
...
There were 509 incidents of seclusion in 2024, and the median number of incidents of seclusion for all services was 0. There were 220 (-30.2%) fewer incidents of seclusion than the previous year, and the median number of incidents of seclusion across all services remained the same at 0.
Care Inspectorate. (2025). Restrictive practice 2024 - a statistical bulletin. Retrieved from https://www.careinspectorate.com/index.php/publications-statistics/19-statistics-and-data/statistics/8207-restrictive-practice-2024-a-statistical-bulletin
The Financial Memorandum (FM) accompanying the Bill identified additional costs arising from the following activities:
production of the guidance, and future revised versions of the guidance
consultation on the guidance, and future revised versions of the guidance
reviewing practices at school level against the requirements of the guidance, including reviewing any individual plans in place for individual children and young people or creating new ones
establishing approved training standards and producing a published list of training providers based upon it
additional actions taken following an incident under the guidance
increased regularity of informing parents of an incident
recording all incidents of seclusion and restraint as standard
establishing new processes for the collation, storage and sharing of data on incidents of seclusion and restraint;
collation of data at a national level by Scottish Ministers and the publication of the associated annual report.
The FM estimates the costs of the Bill as follows:
| Cost | Year 1 | Ongoing costs – year 2 | Ongoing costs where guidance and training list / providers both reviewed – year 5 |
|---|---|---|---|
| Production / review of guidance | £44,396 | £44,396 | |
| Review of consultation responses on guidance | £2686 | £2686 | |
| Publish list (and revised lists) of training providers / training | £5,000 | £5,000 | |
| Produce and publish annual report | £14,719 | £14,719 | £14,719 |
| Implementation of guidance and duties under Bill by schools | £1,628,370 to £3,256,740 | £1,628,370 to £3,256,740 | £1,628,370 to £3,256,740 |
| Total | £1,695,171 to £3,323,541 | £1,643,089 to £3,271,459 | £1,695,171 to £3,323,541 |
The majority of these estimated costs would fall on education authorities (local authorities). The FM states:
The main cost on education authorities will be the cost associated with implementing the duties set out in the Bill, including having regard to all of the requirements of the guidance. The estimated cost is accounted for above as £1,628,370 to £3,256,740.
Scottish Parliament . (2025). Financial Memorandum (Restraint and Seclusion in Schools (Scotland) Bill). Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/restraint-and-seclusion-in-schools-scotland-bill/financial-memorandum-accessible.pdf
The Scottish Government's memorandum commented on these costs:
Aside from a duty on education authorities to report restraint and seclusion to Scottish Ministers, which will have resource implications not currently set out in the Financial Memorandum, the Bill’s provisions reflect the existing non-statutory policy position set out in our [2024 guidance on retraint and seclusion]. It is therefore not clear, to the Scottish Government, what additional implementation costs education authorities would incur as a result of the Bill.
Scottish Parliament. (2025). Restraint and Seclusion in Schools (Scotland) Bill - Scottish Government memorandum. Retrieved from https://www.parliament.scot/chamber-and-committees/committees/current-and-previous-committees/session-6-education-children-and-young-people-committee/correspondence/2025/restraint-and-seclusion-in-schools-scotland-bill-scottish-government-memorandum
The Presiding Officer, Alison Johnstone MSP, has decided that a financial resolution is required for this Bill. This means that a member of the Scottish Government will need to propose a financial resolution to Parliament before the Bill would be able to progress to Stage 2.