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Last updated:
4 March 2026
SPBill61AS062026
Restraint and seclusion 1 Restraint and seclusion 5 (1) In this Act— (a) “restraint” means physical contact by a member of the staff of an education provider which has the intention of significantly restricting the physical movement of a pupil, including restricting their freedom of movement or ability to move independently, 10 (b) “seclusion” means anything done by a member of the staff of an education provider 1 with the intention of isolating a pupil from other pupils and preventing them from leaving the place where they are isolated. (2) References in this Act to “the use of” restraint or seclusion are references to the doing of anything that would constitute restraint or, as the case may be, seclusion. 15 (3) In subsection (1), “member of the staff of an education provider” includes anyone acting under the authority of an education provider. 2 Guidance 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. 20 (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, (b) alternatives to restraint and seclusion, 25 (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, SP Bill 61A Session 6 (2026) 2 Restraint and Seclusion in Schools (Scotland) Bill (e) legal requirements, and any other legal considerations, that might apply or be relevant to the use of restraint or seclusion, (f) action to be taken following an incident resulting in the use of restraint or seclusion, 5 (g) the recording, reporting and monitoring of incidents involving the use of restraint or seclusion, (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, 10 (k) processes for the making of complaints about the use of restraint and seclusion, 1 and the provision of information about the making of such complaints, (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. 15 (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 20 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 25 staff in schools, (ca) children and young people, (d) the Commissioner for Children and Young People in Scotland, (e) such voluntary organisations and other persons as the Scottish Ministers consider appropriate. 30 (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. 3 Duty to inform parents of use of restraint or seclusion 35 (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. 3 Restraint and Seclusion in Schools (Scotland) Bill (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 5 (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. 10 (3) In this section— 1 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, 15 (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. 20 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 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 25 incidences of restraint and seclusion in the school. (3) Each education authority must inform the Scottish Ministers, by such time as they may specify, of the number of incidences of restraint and seclusion in schools under its management. (3A) The Scottish Ministers may by regulations make provision for education providers to 30 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— (a) about the timescales for reporting, (b) about the form and content of reports, 35 (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, (e) about the form and content of that information. (3C) Regulations under subsection (3A) may— 40 (a) make different provision for different types of education provider, (b) include transitional, transitory or saving provision. 4 Restraint and Seclusion in Schools (Scotland) Bill (3D) Before laying a draft of a Scottish statutory instrument containing regulations under 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— 5 (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 (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 10 need not be— 1 (a) recorded under subsection (1), or (b) reported to— (i) the Scottish Ministers under subsection (2) or (3), or (ii) a person specified in regulations made under subsection (3A). 15 (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 persons as they consider appropriate. (5) In subsection (4), “year” means— (a) the period beginning with the date...
Last updated:
11 February 2026
Cumulative list of MSPs by constituency and region
For more information please visit our website at www.parliament.scot/chamber-and- committees/research-prepared-for-parliament Follow SPICe on X to keep up to date with our work and new publications .
Last updated:
11 February 2026
Cumulative list of MSPs AZ Session 6
For more information please visit our website at www.parliament.scot/chamber-and- committees/research-prepared-for-parliament Follow SPICe on X to keep up to date with our work and new publications.
Last updated:
11 February 2026
State of the parties Session 6
For more information please visit our website at www.parliament.scot/chamber-and- committees/research-prepared-for-parliament Follow SPICe on X to keep up to date with our work and new publications.
Last updated:
2 February 2026
Glasgow Disability Alliance
. • Currently, for some IJBs, any access related costs are expected to be paid ‘out of pocket’ and individuals wait to be reimbursed at a later date. This is not a feasible upfront expense for most, if any, disabled people/ unpaid carers.
Last updated:
28 January 2026
Historic Environment Scotland Timeline of Events
This timeline includes actions taken by the Scottish Government and the HES Board, including those taken by the Scottish Government to ensure that as far as possible appropriate governance was maintained during Ms Brown’s absence. Date Event 23 April 2025 HES Chair (Dr Hugh Hall) was informed that he would not be offered a second term as Chair and that an a...
Last updated:
23 January 2026
Local Government Bill
Contracting-Out To make statutory within local government provisions in the Cabinet Office Statement of Practice on Staff transfers in the Public Sector, and the annex to it A Fair Deal for Staff Pensions. 2004 elections Power to move the date of local and Greater London Authority elections in 2004 so that they can be held on the same day as the European Pa...
Last updated:
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Scottish Government Response Wellbeing and Sustainable Development Scotland Bill 2025
See www.lobbying.scot St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot national outcomes, and if it is not achieving We will consider further measures if the expected outcomes are not achieved, and ensure that stakeholders, including the expected impact, to consider other Parliament, are kept up to date on developments, and ha...
Last updated:
9 January 2026
Cabinet Secretary for Social Justice Job Start Payment and Funeral Support Payment
To improve take-up the Scottish Government introduced increased accessibility to the payment for young people, extending the application window from 3 months to 6 months after the job offer date, the job offer evidence required was simplified and earnings from one off trial shifts were also disregarded when establishing if the young person has been out of w...
Last updated:
9 January 2026
Cabinet Secretary for Social Justice Job Start Payment and Funeral Support Payment 8 January 2026
To improve take-up the Scottish Government introduced increased accessibility to the payment for young people, extending the application window from 3 months to 6 months after the job offer date, the job offer evidence required was simplified and earnings from one off trial shifts were also disregarded when establishing if the young person has been out of w...
