SPRAG and the Care Inspectorate have been collaboratively developing and implementing related definitions since 2020, to bring consistency in operational, reporting and recording processes.
Scrutiny bodies and inspectorates across sectors (Care Inspectorate, Health Improvement Scotland, Mental Welfare Commission, His Majesty's Inspectorate of Education, His Majesty's Inspectorate of Constabulary in Scotland) have identified restraint and restrictive practices as priority scrutiny areas through recent inspection findings and national reports.
The Care Inspectorate published an updated Restrictive Practices Self-Evaluation Tool (Nov 2024) and a 2024 Statistical Bulletin on Restrictive Practice, setting clear expectations for consistent definitions, improved data collection and public transparency on restraint across residential, school-care and secure settings.
Daniel Johnson MSP’s Restraint and Seclusion in Schools Bill has begun its legislative journey (subject to Parliamentary approval), creating an opportunity to embed clear statutory duties on minimum intervention, definitions, and strengthened protections in education as part of a wider alignment.
The Children (Care, Care Experience and Services Planning) (Scotland) Bill has been laid.
The Mental Welfare Commission for Scotland (MWC) and Healthcare Improvement Scotland (HIS) are reviewing the Mental Welfare Statutory Code in response to evidence of inconsistent policies and rights-based failings in children’s mental health settings, including findings from the Melville Unit.
The Scottish Government has committed to revising the statutory code of practice under the Mental Health (Care and Treatment) (Scotland) Act 2003 to include additional guidance around the use of restraint and other restrictive practices. The new code will include guidance on the use of restrictive practices against children and young people who need inpatient care, aligned with UNCRC requirements.
The Welsh Government’s Reducing Restrictive Practices Framework sets out a national definition, a prevention-first approach and expectations for consistent recording and reporting across education, health and social care, representing learning for Scotland.
Scotland has committed to ensuring that restraint-related workforce training is trauma-informed and rights-based.
CELCIS, funded by the Promise Partnership, has been developing reflective work cultures and workers' reflective capacity, with published research outputs.
November 2024: Publication of 'Included, engaged and involved part 3: A relationships and rights-based approach to physical intervention in schools’.
The Scottish Government designated the Mental Welfare Commission to undertake national monitoring and reporting on the use of restrictive practices in inpatient mental health units. NHS Boards were notified of this on 30th October 2025.
December 2025: CELCIS and the University of Strathclyde began the “Holding Differently – Containing Distress” project, in collaboration with Scottish Government. Over the course of the next 30 months this project aims to give a clearer picture of restraint-related practice across residential childcare in Scotland. One aim of the project is to better understand what is currently happening in relation to efforts to reduce physical restraint across Scottish residential child care and recommend next steps.
The Promise Scotland will work with partners, including the Scottish Physical Restraint Action Group (SPRAG) to refine and develop this route map, taking into account the detailed feedback it received in December.
Education
Expected passage of the Restraint and Seclusion in Schools (Scotland) Bill (subject to parliamentary approval). If passed, the provisions will apply to publicly funded primary schools, secondary schools and Additional Support Needs (ASN) schools, including grant-aided and independent schools and will introduce:
- a requirement for Scottish Ministers to issue statutory guidance on the appropriate use of seclusion and restraint;
- a duty on schools to inform parents of the use of restraint or seclusion as soon as possible;
- a duty on education providers, including education authorities, to record all incidents of restraint or seclusion in their schools;
- a duty on the Scottish Government to publish a report and lay it before Parliament on an annual basis, detailing the number of incidents of restraint or seclusion in schools in Scotland; and
- a requirement for the Scottish Government to maintain a list of training providers on the use of seclusion and restraint that meet standards (to be set by the Scottish Government), and to publish the list.
Physical intervention in schools’ guidance ('Included, engaged and involved part 3: A relationships and rights-based approach to physical intervention in schools’) reviewed and republished, giving cognisance to education settings which are connected to care settings, and using definitions which are consistent across education and care settings.
Mental Health
The Scottish Government will revise the statutory code of practice under the Mental Health (Care and Treatment) (Scotland) Act 2003 to include additional guidance around the use of restraint and other restrictive practices. The new code will include guidance on the use of restrictive practices against children and young people who need inpatient care, aligned with United Nations Convention on the Rights of the Child requirements.
This will also include a requirement for all boards to hold local policies and set minimum expectations for the recording of the use of restrictive practices.
In addition, the Mental Welfare Commission for Scotland will undertake national monitoring and reporting on the use of restrictive practices in inpatient mental health units. The Commission will work with Boards to improve and standardise the collection of data relating to the use of restrictive practices with a view to gathering this data nationally.
The new monitoring and reporting approach will inform and be aligned with the revisal to the Code of Practice. The Commission have indicated that the first phase of the new system will be complete before the end of the financial year in April 2026.
The Code of Practice should be revised before the end of October 2026.
Care
The ‘Holding Differently – Containing Distress’ project, being led by CELCIS, University of Strathclyde in collaboration with Scottish Government, will continue.
The Promise Scotland will share legal advice it has commissioned on the legislative environment around ‘restraint’ in care settings, including what changes may need to be made in statute to ensure that there is a strong statutory framework in place across all settings in line with joint campaigning on this issue.
All settings
The Care Inspectorate, His Majesty's Inspectorate of Education and the Mental Welfare Commission, in conjunction with Scottish Physical Restraint Action Group (SPRAG), will review and agree revised definitions which are consistent across mental health, education and care settings – revised definitions will then be communicated to the mental welfare, education and care sector and implemented across all the Mental Welfare Commission, His Majesty's Inspectorate of Education and the Care Inspectorate’s work. In line with this, and the Scottish Government's broader work on the 'language of care', COSLA, Education Scotland, the Care Inspectorate and other partners will work collaboratively to discuss the importance of language when referring to 'restraint' and 'seclusion', considering the development of a practice guide or additions to existing guidance for members of the workforce, children and families.
The Scottish Government will consider working with Scottish Physical Restraint Action Group (SPRAG) and the Physical Intervention Working Group to ensure clear oversight, alignment and sequencing of the changes across mental health, education and care settings.
Discussions will take place about the shape of a national monitoring and reporting mechanism/ National Register with the aim of ensuring that a body is created for national monitoring of restraint and restrictive practices (or powers are transferred to an existing body), with the aim of ensuring systematic national monitoring of restraint and seclusion, with minimum data fields and shared templates. Clarity will be reached over which body/ies are responsible for receipt of external reporting and oversight of restraint across care, education, and mental health settings and whether legislation is required to take this forward.
The Care Inspectorate, the Mental Welfare Commission and His Majesty's Inspectorate of Education and other relevant partners, will work together, supported by the Scottish Government, to agree a shared definition for ‘restraint’ and ‘seclusion’. This includes incorporating the Care Inspectorate’s self-evaluation tool findings into the work relating to a national definition and aligning of safeguards.
The Scottish Government will consider whether Stage 2 of the Children (Care, Care Experience and Services Planning) (Scotland) Bill could be an opportunity to consider further legislation to close any remaining gaps in the statutory framework around restraint and seclusion.
The Promise Scotland will update the ‘restraint’ route map in Plan 24-30 once agreement is reached around the statutory framework and any changes to the Children (Care, Care Experience and Services Planning) (Scotland) Bill are clear.
Clarity will be reached on external reporting and oversight of restraint for independent schools, taking account of school care accommodation services and secure accommodation services within this. The Scottish Government, working with partners and stakeholders will also consider:
- Mapping alignment opportunities with the Care Inspectorate’s Statistical Bulletin dataset and review Reducing Restrictive Practices Framework (RRPF) learning from Wales for transferable components.
- Mapping of inspection requirements across the Care Inspectorate, His Majesty's Inspectorate of Education, Healthcare Improvement Scotland/Mental Welfare Commission and His Majesty's Inspectorate of Constabulary in Scotland will begin to identify opportunities for a cross-regulator scrutiny standard.
- Aligning requirements for a national crisis response and de-escalation framework with co-regulation and a post- incident review model.
- Beginning rollout of national trauma-informed, rights-based workforce training delivered exclusively by approved not-for-profit providers, with clear national approval criteria and oversight.
- Mapping current workforce wellbeing and emotional support systems across sectors to inform a national standard and agree ways to better support the workforce—which includes minimum reflective supervision requirements and a national workforce wellbeing and emotional support framework.
- Implementing the changes set out in the PEOPLE route maps to ensure that there are enough skilled and supported members of the workforce able to work differently alongside children, including those with experience of neurodiversity and additional support needs.
- Establishing expectations for advocacy access following restraint or seclusion to ensure children supported to understand how to challenge unsafe practice
- Developing an accessible feedback and complaints processes in place for children and families (consider Reducing Restrictive Practices Framework Wales for learning) in line with the United Nations Convention on the Rights of the Child Act. Child-friendly complaints and redress pathways co-designed with children and families.
Education
The Scottish Government is expected to begin to publishing data on an annual basis on the use of restraint in schools.
Care
Confirm Mental Welfare Code revisions embed rights-based guidance and mandatory reporting and are enacted.
The ‘Holding Differently – Containing Distress’ project, being led by CELCIS, University of Strathclyde in collaboration with Scottish Government, will continue.
As the project continues, the Scottish Government will consider the ongoing findings of this project and whether an update is needed to the ‘Holding Safely’ Guidance for residential care practitioners and managers.
All settings
Subject to outcome of previous discussions on joint definitions and frameworks, a shared framework will be published on the use of restrictive practices with consistent definitions, practice expectations, and external reporting and oversight across care, education, and mental health settings for young people in Scotland.
The 'rights' route map will be updated to reflect any potential legislative changes.
Ensure inclusive definitions of care experience are reflected in policies and legislation relating to restraint and seclusion following the development of guidance around the definition of care experience (subject to the passage of the Children, Care, Care Experience and Services Planning (Scotland) Bill.
Implement an accessible complaints processes in place for children and families (consider Reducing Restrictive Practices Framework in Wales for learning) in line with the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.
All stakeholders and partners will consider the following steps:
- Developing and implementing a national crisis response and de-escalation framework aligned with co-regulation and a post- incident review model (child participation, trauma impact, family involvement, reflective learning) and embed across all settings.
- Continued development and scoping of national monitoring mechanism/ National Register, including co-design minimum dataset, definitions mapping and templates; and develop first-phase Register infrastructure.
- Developing and implementing a national workforce wellbeing and emotional support systems standard and agree ways to better support the workforce—which includes minimum reflective individual and group supervision requirements and a national workforce wellbeing and emotional support framework.
- Ensuring continued alignment across all guidance including nationally agreed preventative environment standards.
- Embedding advocacy access requirements into statutory reporting and post-incident review templates.
- Developing draft cross-regulatory scrutiny indicators for restraint and restrictive practices and shared cross- sector minimum protection standards.
- Ensuring all sectors are transitioning to training delivered solely by approved not-for-profit providers, with quality assurance and national oversight in place. National training delivered across education, residential, secure, mental welfare and justice settings.
- National complaints and feedback mechanism on children’s experiences operational.
All stakeholders and partners will consider the following steps:
- Revised restraint guidance will be developed with a clear set of definitions and practice expectations on the use of restraint across all care, education, and mental health settings for young people in Scotland.
- Reaching clarity on external reporting and oversight of restrictive practices across care, education, mental health and hospital settings for young people in Scotland, including the body/ies that these will be reported to.
- Full statutory alignment across the Restraint and Seclusion in Schools (Scotland) Bill (subject to parliamentary approval), the Children (Care, Care Experience and Services Planning) (Scotland) Bill (subject to parliamentary approval) and Mental Welfare Code achieved;
- National reporting mechanism/ Register fully operational with consistent national reporting.
- Strengthened leadership development in trauma-informed, relational practice.
- First year review of national crisis response and de-escalation framework and post incident review model.
His Majesty's Inspectorate of Education, Mental Welfare Commission/ Health Improvement Scotland begins annual publication of data, aligned with national definitions and national reporting duties.
The CELCIS and the University of Strathclyde's “Holding Differently – Containing Distress” project, in collaboration with Scottish Government is likely to conclude, giving a clearer picture of restraint-related practice across residential childcare in Scotland and building an evidence base of residential childcare efforts to reduce restraint and support the workforce providing essential evidence to inform Scotland’s prevention and practice reform. The Scottish Government will enable the development of tools and/or training to support Scotland’s residential child care workforce, including consideration and review of the Holding Safely Guidance, based on and following the outcomes and publication of the CELCIS and University of Strathclyde Holding Differently Containing Distress research and knowledge mobilisation project.
Depending on the progression and agreement of the programme of work outlined in 2026-2028:
- First year of implementation of restrictive practice definitions reviewed with a continued commitment to ensuring a consistent set of definitions across care, education, and mental health settings for young people in Scotland.
- Aligned inspection programme operational across Care Inspectorate, Healthcare Improvement Scotland/ Mental Welfare Commission and His Majesty's Inspectorate of Education.
- National reporting mechanism/ Register used to identify inequalities, disproportionality and emerging risks.
- National improvement cycle embedded using Register insights; Peer-learning network established.
- Restraint Reduction Practice Leads in place in every local authority.
- Establish national relational practice learning network to support cross-sector learning.
Data begins to be published on an annual basis on the use of restrictive practices across care, education, and mental health settings for young people in Scotland.