Introduction of Calum's Law
A law addressing the restraint and seclusion of school children has been unanimously approved by the Scottish Parliament. The legislation, known as Calum's Law, is named after Calum Morrison, who was restrained at a special educational needs school when he was 11 years old.
This members bill, introduced by Labour MSP Daniel Johnson, mandates that ministers are legally required to issue guidance on the use of restraint and seclusion in schools. The primary objective is to ensure that restraint is employed only as a last resort when there is an immediate risk of harm.
Key Provisions of the Legislation
The legislation empowers ministers to establish training standards regarding the use of restraint and seclusion. Additionally, schools will be obligated to inform parents and carers if their child has been subjected to restraint or seclusion, as well as to record and report such incidents.
Campaigning and Personal Impact
Calum's mother, Beth Morrison from Angus, has campaigned for over a decade following an incident where her son, who has learning disabilities, autism, and epilepsy, was restrained at primary school until he lost consciousness. Beth has stated that Calum was traumatised for years after this event.
Speaking to BBC Scotland News at Holyrood, Beth Morrison said:
"It means everything because our children often can't verbalise, they can't talk and it's these children that are being subjected to restraint and seclusion.
It means that finally our children's rights are protected, that we get clarity so teachers and staff know what they can and can't do and it means there is a reporting mechanism for this so families get told when these incidents happen to their children."
She added: "Calum's Law will hopefully ensure, in future, that clarity will be there for parents and for staff."
Consultation and Scope
Teaching unions will be consulted on any new statutory guidance developed under the legislation. It is important to note that the measures do not apply to nursery settings.
Support and Statements from Officials
Daniel Johnson praised Beth Morrison and fellow parent Kate Sanger as "absolutely outstanding campaigners," referring to the legislation as "Calum's Law and Beth's bill." He stated:
"This bill puts guidance on a statutory footing, introduces requirements to inform parents, clear standards on reporting and clear training standards.
It will make our children safer, provide clarity in terms of practice and treat the issue with the seriousness that it deserves."
Education Secretary Jenny Gilruth emphasized that every child has the right to attend school and feel safe. She told the chamber that restraint and seclusion should only be used "where there is an immediate risk of injury to themselves or others."
She further added:
"This bill sends a strong signal to teachers and staff that we will support them to de-escalate challenging situations in schools.
It signals to parents that their children matter and when something happens in school, they should be told about that timeously.
More importantly, it signals to pupils that they should not be restrained and secluded at school."
