Advice to the Department of Education on the Draft Statutory Guidance on the Reduction and Management of Restrictive Practices in Educational Settings

We welcome that the guidance is framed by children’s rights, and the Department has undertaken a Child Rights Impact Assessment (CRIA), but consider that clearer direction should be given as to how these rights are upheld in practice in the use of restrictive practices.

The Department’s review outlined their response to NICCY’s NSNH recommendations, including a commitment that the statutory guidance would provide:

  • clarity on the definition of seclusion and its use in educational settings;
  • a definition of restraint stating that this should only be used as a last resort and not as a means of maintaining good order and discipline;
  • clarity that the use of any restraint techniques must not inflict pain on children and young people; and
  • a requirement for the mandatory recording and reporting of all incidents of restrictive practices by educational settings;

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