SP Bill 61B 6 (2026) Session 2 Restraint and Seclusion in Schools (Scotland) Bill (2) The guidance must include in particular guidance about the following matters— (za) what is meant by significantly restricting physical movement for the purposes of the definition of restraint in section 1(1)(a), (a) appropriate and inappropriate forms of restraint and seclusion, 5 (b) alternatives to restraint and seclusion, (c) action that might be taken to prevent or minimise the use of restraint and seclusion, (d) matters to be taken into consideration with a view to safeguarding pupils subject to restraint or seclusion, (e) legal requirements, and any other legal considerations, that might apply or be 10 relevant to the use of restraint or seclusion, 1 (f) action to be taken following an incident resulting in the use of restraint or seclusion, (g) the recording, reporting and monitoring of incidents involving the use of restraint or seclusion, 15 (h) inspection of the practice of restraint and seclusion, (i) the training of staff in the use of restraint and seclusion, (j) compliance with the duties under this Act, (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, 20 (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 elaborate upon the definitions of “restraint” and “seclusion” in section 1. 25 (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, 30 (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, (ca) children and young people, 35 (d) the Commissioner for Children and Young People in Scotland, (e) such voluntary organisations and other persons as the Scottish Ministers consider appropriate. (6A) 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 40 this section comes into force. 3 Restraint and Seclusion in Schools (Scotland) Bill (7) An education provider 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. 5 3 Duty to inform parents of use of restraint or seclusion (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 10 the pupil. 1 (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 15 (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. (2A) 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. 20 (2B) 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(4A). (3) In this section— the “responsible person” for a school is— 25 (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, 30 “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. 4 Duty to record and report on use of restraint and seclusion (1) Each education provider must record all incidences of the use of restraint or seclusion 35 in its schools. (2) The proprietor of an independent school and the managers of a grant-aided school must inform the Scottish Ministers, by such time as they may specify, of the number of incidences of restraint and seclusion in the school. (3) Each education authority must inform the Scottish Ministers, by such time as they may 40 specify, of the number of incidences of restraint and seclusion in schools under its management. 4 Restraint and Seclusion in Schools (Scotland) Bill (3A) The Scottish Ministers may by regulations make provision for education providers to report incidences of the use of restraint or seclusion in schools to a person specified in the regulations. (3B) Regulations under subsection (3A) may in particular include provision— 5 (a) about the timescales for reporting, (b) about the form and content of reports, (c) requiring information about incidences to be provided by the person specified in the regulations to the Scottish Ministers, (d) about the timescales for providing that information, 10 (e) about the form and content of that information. 1 (3C) Regulations under subsection (3A) may— (a) make different provision for different types of education provider, (c) modify any enactment (including this Act). (3D) Before laying a draft of a Scottish statutory instrument containing regulations under 15 subsection (3A) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate. (4) The Scottish Ministers must, for each year— (a) prepare a report setting out the number of incidences of the use of restraint and seclusion in schools in Scotland in the year, and 20 (b) lay the report before the Scottish Parliament as soon as practicable after the end of the year. (4A) The Scottish Ministers may by regulations specify types of restraint or seclusion which need not be— (a) recorded under subsection (1), or 25 (b) reported to— (i) the Scottish Ministers under subsection (2) or (3), or (ii) a person specified in regulations made under subsection (3A). (4B) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (4A) before the Scottish Parliament, the Scottish Ministers must consult such 30 persons as they consider appropriate. (5) In subsection (4), “year” means— (a) the period beginning with the date...