12.Section 2(1) requires the Scottish Ministers to issue guidance to education providers about the use of restraint and seclusion in schools. The guidance will apply to publicly funded primary schools, secondary schools and special schools. It will also apply to independent and grant-aided schools. However, it will not apply to nursery schools or to nursery classes within schools. The definition of “school” is provided in section 6. Subsection (2) sets out the matters that must be covered in the guidance, including an explanation of what is meant by “significantly restricting physical movement”. Subsection (4) provides that the guidance may “elaborate” on the definitions in section 1. While the guidance cannot alter the statutory definitions, it may supplement them by giving examples of what constitutes seclusion or restraint.
13.Subsection (6) provides for consultation before issuing guidance and lists the bodies and individuals whom the Scottish Ministers must consult. This applies to the initial guidance produced and any revised version of the guidance produced as a result of the terms of the guidance being kept under review. Subsection (7) allows the Scottish Ministers to begin such consultation prior to the section coming into force.
14.Subsection (8) places a duty on education providers to “have regard to” the guidance.
Commentary on Sections Section 2 – Guidance on restraint and seclusion in schools