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Seòmar agus comataidhean

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 October 2025
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Displaying 2633 contributions

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Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

I will put to Ms Leitch and then to Mr Higgins another question that I put to the first panel.

As a parent of two children in mainstream education, why do I get a phone call as soon as there is a minor scrape on my child’s knee, but parents whose children are restrained and secluded get no notification at all? Why is that continuing to happen today and why does it take legislation such as the bill to sort that out?

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

Ms Killean, would you like to come in?

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

What are you doing as the children’s commissioner? You know that this is happening in Scotland, and you know that, when it is happening, it is breaching the human rights of that child. What are you doing about it?

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

I understand all that. However, you know that there is a breach of multiple people’s human rights, every time that this occurs.

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

If a parent contacted you this afternoon—perhaps this session will raise awareness—to say that their child has been or is regularly secluded and locked away on their own and told they cannot leave, what advice would you give?

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

—but that it should, potentially, be recorded the following day, to take the emotion out of it and make sure that we have the right information. The bill currently says

“as soon as possible and ... no later than 24 hours after ... the incident”.

Are you saying that that needs to be tightened? Twenty-four hours means, potentially, that if the incident happens at the end of one school day, the child has gone back before the end of the next school day.

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

What are witnesses’ views on the AHDS submission, which said that there is a risk of inadvertent breaches in the proposed timescales if the incident occurs at the end of the school week or school term? Basically, it says that having a weekend or a number of weeks off may lead to breaches if the constraint is 24 hours. I have some concerns about that. Are those shared, or do witnesses agree with the points that were made by that association?

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

Again, that is the point that I wanted to ask about. The Association of Headteachers and Deputes in Scotland has said that there is a risk of

“inadvertent breaches”

of the timescales that are proposed in the bill should the incident occur

“at the end of the school week or school term”.

My worry is that that is when it is more vital for families to get the information sooner. There might be a reason not to do that; we will ask education officials about that when they come before us. There might be some mitigating reason, but I cannot think of it. Surely, at the end of a school week, you would want that information to go to the family before a child goes home for the weekend and the family is left unaware of what went on at school. Would the panel agree with that?

Education, Children and Young People Committee [Draft]

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

Meeting date: 24 September 2025

Douglas Ross

I call Paul McLennan.

Education, Children and Young People Committee [Draft]

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?