The MSP behind a bill that would legislate how schools handle and report instances of physical restraint has said that recently published guidance from the government is not enough to protect young people.

Labour MSP Daniel Johnson, who has proposed a bill known as Calum's Law, responded to the government's publication of non-statutory guidance by saying that students, parents, and staff can only be protected by a policy with "the weight of statute behind it."

He said that, six years after the Children and Young People's Commissioner Scotland's “No Safe Place” report, schools and families are still waiting for concrete policies to govern instances of in-school seclusion and restraint.

“[The report] outlined the widespread use of restraint and seclusion without consideration of underlying causes or the individual child’s rights and needs.

“It is also clear from teachers unions that people working in classrooms feel they lack the clarity and confidence they feel they need."

On November 8, the Scottish Government published non-statutory guidance on physical intervention in schools.

The guidance laid out the government's stance, which is that restraint and seclusion should never be routine practices in schools or considered routine parts of any student support plan.

It also states that restraint should not be used as a method of punishment or coercion and that only the "minimum necessary force" should be used, a view that Education Secretary Jenny Gilruth reiterated on Tuesday afternoon during a topical question in the Scottish Parliament.

"Restraint and seclusion of a child or young person must only ever be used as a last resort to prevent the risk of injury.

She added that the government is "exploring further options to strengthen the legal framework for schools" including discussions with Mr Johnson regarding his bill. 

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Conservative MSP Roz McCall, who raised the question, pressed Mrs Gilruth on whether the guidance was enough. She said that there are still concerns that the new guidance does not protect the rights of children and young people.

One voice of concern has come from the NASUWT teachers' union, which said that the publication lacks "practical" guidance for teachers and school leaders, who do not have the resources to feel comfortable dealing with situations where staff or students might come to physical harm.

Mike Corbett, NASUWT Scotland National Official, said: “The worry is that this guidance may do little to nothing to address the current patchwork of local policies and advice which frequently contradict one another and which are leading to inconsistencies in the way interventions are managed across schools.

“This would be a failure of the responsibility and leadership teachers and school leaders desperately need from their government on this critical issue of the basic safety of our school workforce and the pupils they teach.”

The Convention of Scottish Local Authorities (COSLA) had previously opposed a bill on seclusion and restraint due to concerns that it would delay government guidance on the issue.

Following the publication of the guidance, a COSLA spokesperson said that councils should be allowed to consider how it impacts their policies before members "consider whether legislation is required.” 

"COSLA welcomed the recent publication of new physical intervention guidance for schools.

"We would want to allow schools and local authorities time to consider the guidance and adapt their local policies where necessary."

Mr Johnson's bill recently gained cross-party support and will be discussed by Scottish Parliament committees and stakeholders in the coming months.

The bill is referred to as Calum's Law, referencing a campaign by Beth Morrison – whose son Calum was restrained by staff in school – to create national guidance on seclusion and restraint.

Calum was 11 at the time and has epilepsy, cerebral palsy, autism and learning disabilities.

Mr Johnson told the Parliament that the guidance takes some steps in the right direction but that more action is required.

"I think the guidance does take us forward, we have clear definitions, and the requirement to inform parents within the school day, or at the outside, 24 hours, and the comprehensive reporting are important.

But the 2018 Children's Commissioner's report highlighted a major gap in between how often incidents occur and how often they are reported.

"[The report] found 2,674 incidents of restraint against 386 children. But most concerningly, only 18 out of the 32 local authorities were recording, and less than half in total were recording comprehensively."

He added to The Herald: "Whilst I welcome the published guidance, it is vital there is robust reporting and thorough training to sit alongside practical guidance that has the weight of statute behind it.

"That is what is needed and that is what my bill seeks to deliver by strengthening government guidance.”

A Scottish Government spokesperson said that statutory guidance is still an option for the future.

“This guidance has been drafted in line with our responsibilities relating to the UNCRC 2024 Act and provides further advice on prevention, training and safeguards in relation to the use of restraint and seclusion.

“In addition, the Scottish Government is currently exploring options for strengthening the legal framework in this area, including the option of statutory guidance if required at a later date.”