Daniel Johnson MSP has introduced this Member’s Bill.
This Bill creates statutory guidance and duties in relation to the use of restraint and seclusion in schools.
This is a Member's bill
The Bill was introduced on 17 March 2025 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
Daniel Johnson MSP has introduced this Member’s Bill.
Restraint is preventing someone’s movement.
Seclusion is isolating someone and preventing them from leaving the place where they are isolated.
The guidance and duties in the Bill will apply to public and independently funded schools.
The guidance and duties would not apply to nursery schools.
The Bill aims to minimise the use of restraint and seclusion of children and young people in schools.
Daniel Johnson MSP believes that school staff should have detailed guidance and be fully trained in ways to de-escalate situations. He believes this would remove the need to use restraint and seclusion techniques. He also believes that staff should have detailed guidance and be trained in what are and are not appropriate techniques.
He wants parents to always be told when restraint or seclusion techniques have been used on their child, as soon as possible.
He also wants to ensure information is available on how often these techniques are being used in schools. This is to help schools, education authorities, school inspectors and the Scottish Government to identify where practices need to be improved in order to further reduce the use of these techniques.
Restraint and Seclusion in Schools (Scotland) Bill as introduced (343KB, pdf) posted 17 March 2025
Explanatory Notes (159KB, pdf) posted 17 March 2025
Policy Memorandum (296KB, pdf) posted 17 March 2025
Financial Memorandum (273KB, pdf) posted 17 March 2025
Delegated Powers Memorandum (156KB, pdf) posted 17 March 2025
Statements on legislative competence (108KB, pdf) posted 17 March 2025
Explanatory Notes (184KB, pdf) posted 17 March 2025
Policy Memorandum (351KB, pdf) posted 17 March 2025
Financial Memorandum (416KB, pdf) posted 17 March 2025
Delegated Powers Memorandum (281KB, pdf) posted 17 March 2025
Statements on legislative competence (158KB, pdf) posted 17 March 2025
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
A research briefing will be published in due course.
The Bill was introduced on 17 March 2025
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Education, Children and Young People Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.