Seòmar agus comataidhean

Restraint and seclusion should only ever be used as a last resort to prevent the risk of injury. The Scottish Government is developing new human-rights based guidance on the use of physical intervention in schools. We are due to publish the consultation analysis report on our draft physical intervention in schools guidance very shortly. We will then reconvene the physical intervention working group to make final revisions to the guidance.

Progress with this work can be followed via the working group’s webpage .

We recognise that there have been calls for further legislation. Alongside the publication of the guidance, and in line with our original commitments, we are exploring options to strengthen the legal framework in this area. This includes the option of placing the guidance on a statutory basis.

Restraint and seclusion should only ever be used as a last resort to prevent the risk of injury. Under existing guidance , all local authorities are asked to have policies in place governing the use of these practices and are asked to monitor their use.

As part of their scrutiny and improvement roles in schools, Education Scotland inspectors consider the impact of practice in relation to the use of physical intervention for children and young people. Where they have concerns about the safety and wellbeing of children and young people, inspectors would follow local child protection procedures and consider onward referrals to social work or the police.

The Scottish Government is developing new human-rights based guidance on the use of physical intervention in schools, including the practices of restraint and seclusion. We are due to publish the consultation analysis report on our draft physical intervention in schools guidance very shortly. We will then reconvene the physical intervention working group to make final revisions to the guidance.

Progress with this work can be followed via the working group’s webpage .

We are committed to reporting on progress against the actions in our Ending Homelessness Together action plan on an annual basis to the Scottish Parliament. The last annual update was published on 26 October 2023 - Ending homelessness together: annual report 2023 - gov.scot (www.gov.scot) - and we will provide the next update to Parliament in October 2024. This report will include an update on action to implement and review prevention pathways for groups at particular risk of homelessness .

The Scottish Government Homelessness in Scotland statistics are based on data collected from all local authorities, on households that have made a homelessness application to a local authority.

This data collection includes information on whether any adult member, aged under 25, of a household making a homelessness application to a local authority was looked after as a child by their local authority.

The data provided on looked after status will largely be self-reported by applicant households. Applicants can choose whether to answer the question, or they may not know if any other adults aged under 25 in the household have previously been looked after.

The Scottish Government is committed to ensuring that the tragic death of any looked after child or young person is accurately reported on and reviewed to improve services and ensure that children and young people are receiving the best care possible. A total of 49 children and young people have sadly died in the care of local authorities prior to their 18th birthday since 2018 to the present day. These figures include children and young people with complex/life limiting health conditions.

The Scottish Government and CoSLA’s Suicide Prevention Action Plan contains a commitment to work with The Promise Scotland to engage with care experienced people to better understand what action is needed to embed suicide prevention activity in our support to children and young people in care and care leavers, whom we know are at elevated risk of suicide.

During 2023-24, this has included work to build in suicide prevention across policies which tackle the social determinants of suicide, as part of our whole of government and society approach, and maximising opportunities to support care experienced people who are suicidal through their contact with services, such as homelessness and Social Security Scotland. Our innovative partnership-led delivery model is driving the implementation of our action plan and helping to extend our reach and impact in preventing suicide among care experienced groups by bringing together partners to share resources, learning and expertise. Central to this model is our Youth Advisory Group which includes care experienced young people affected by suicide. The Group is helping to shape our suicide prevention work to ensure it can best support and meet their needs.

We are now intensively developing our 2024-25 delivery plan, working collectively with The Promise Scotland as part of the development process, and considering how together we can achieve closer alignment across our outcomes measurement. The Scottish Government and COSLA will sign-off this delivery plan in coming months.

While the Scottish Government does not collect statistical data on the total number of children and young people from a different legal jurisdiction who are currently in a care setting in Scotland, there is a range of data available which enables us to monitor cross-border placements made in to residential and secure care accommodation. This includes –

• The latest Secure Care Statistics which show that, on average, 22 children and young people from outside Scotland were in secure care in 2022-23.
• The Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 , which require placing authorities from other jurisdictions to notify Scottish Ministers, and a range of other Scottish partners, of the placement of children and young people into Scotland who are subject to a Deprivation of Liberty Order. This information is collated and monitored by the Scottish Government. At the time of writing, there were a total of 10 live Deprivation of Liberty order placements notified to Scottish Government.
• A regulatory requirement for residential and secure care services to notify the Care Inspectorate when a child or young person moves in or out of placement in Scotland from a different legal jurisdiction within the UK. This data is collated by the Care Inspectorate and shared with the Scottish Government. From this data, we know, at time of writing there to be approximately 180 children and young people in residential and secure care who have been placed in Scotland from a different legal jurisdiction.

The Care Inspectorate inspects residential and secure care homes at least once each year and has a responsibility to ensure that services are upholding, protecting and promoting the rights of children and young people; meeting their needs; and keeping children, young people and others safe.

The Children (Care and Justice) (Scotland) Bill ("the Bill”) is currently proceeding through the Scottish Parliament and contains new powers in relation to cross-border placements. If passed by Parliament, the new powers in the Bill will enable Ministers to bolster the existing regulatory framework in relation to cross-border placements to protect and uphold the rights of all children placed in Scotland. This would include regulating for matters such as: notification of an amendment to/end of placements; ensuring appropriate access to services is secured such as health, education and any other supports that the child or young person may require for the duration of their placement; and transition planning for the child’s return to home jurisdiction.

Data on education outcomes of care experienced young people is collected and published as part of the annual Education Outcomes of Looked After Children (EOLAC) Official Statistics publication. This covers pupils in publicly funded mainstream schools in the 32 local authorities, and one grant aided school. For the latest EOLAC 2021-22 publication, information was linked from:

• Looked After Children statistics, 2008-09 - 2021/22
• School Leaver Initial destination data
• School Leaver Follow-up Destination data
• Achievement of Curriculum for Excellence (CfE) Levels data

Information on the methodology used to match looked after children’s data is available in the background notes of the EOLAC 2021-22 publication. The latest education outcomes for looked after children statistics include analysis for:

• All children looked after within the year
• Children looked after for the full year
• Children looked after for part of the year
• Children who had been looked after at some point for any duration since age 5, and since age 12. These statistics were published for the first time in the 2021-22 publication as Experimental Statistics.

The experimental statistics will be reviewed before the next iteration of the statistics, planned for publication in August 2024.

Data on (b) achievement , (c) attainment and (d) positive destinations is collected annually. Further information on the types of analysis breakdowns provided for these education outcomes can be found in the supporting Tables document of the 2021-22 publication. Data on (a) attendance is collected every second year, and was last published in 2020-21. Further information on the types of analysis breakdowns provided for attendance can be found in the supporting Tables document of the 2020-21 publication. Information on the groups each of these education outcomes is analysed for can be found in the respective section of the publication report, as per the hyperlinks provided above.

Scottish Government statistics are produced in accordance with the Code of Practice for Statistics. The Code of Practice states that statistics producers should routinely review the relevance and usefulness of statistics, including the timeliness of the statistics and data.

The Code of Practice also requires statistics producers to maintain and refresh their understanding of the use and potential use of statistics, and that they regularly engage with users. This is to ensure that statistics support the public good, which includes the development and evaluation of public policy.

The application of the Code of Practice in Scottish Government is overseen by the Chief Statistician, with decisions about particular collections and publications made on a case-by-case by the responsible statisticians.