Nursing body resigns from restraint in schools taskforce

The Royal College of Nursing (RCN) has resigned from a taskforce set up by the Department of Education (DE) to look at the use of restraint and seclusion in schools, BBC News NI has learnt.

In 2023, the department published draft statutory guidance on the measures, saying they should only be used as a last resort, after calls for tougher laws on when a child can be physically restrained in school.

The RCN has now expressed serious concerns over the current direction of travel by DE on the issue.

A DE spokesperson said the RCN's resignation was "disappointing" and the department was committed to producing guidance "that is deliverable in our education settings and is children's rights based".

In a letter to the department, Rita Devlin, the director of the RCN in Northern Ireland, said that her organisation was being put in the "potential position of being ascribed a responsibility and accountability for a policy direction that we are unable to support".

She added that due to failures to receive "clear assurances", the RCN was withdrawing from the Restraint and Seclusion Task Finish Group with "immediate effect".

She said the RCN, along with the department and other stakeholders, had hoped to be able to "shape the guidance... in the best interests of children and young people and staff alike".

But she added: "It is disappointing that the department is unable to set out clearly the policy position in respect of the use of restrictive practices, restraint and seclusion in schools."

The letter went on to state: "The RCN would have expected that the response would clearly state that the policy position will be the elimination of the use of seclusion in educational settings, and both the recognition and minimisation of the use of all restrictive interventions."

Some parents in Northern Ireland have campaigned for "Harry's Law" for a number of years, which would make it compulsory for schools to report when they isolated or restrained a child.

Similar recent guidance from the Department of Health (DoH) said that children should never be shut in a room alone and prevented from leaving.

Ms Devlin added that her advice to health staff who provide services to children and young people would be to follow the existing DoH policy as it provides a "clear direction and standards" for the minimisation of the use of all restrictive practices.

Her letter concluded that the RCN had previously made clear that it needed assurances from the department about ensuring the statutory guidance is human rights compatible, in order to remain a member of the task group.

It also called into question whether the minister plans to follow through on a commitment made by the last education minister to repeal Article 4 (1)(c) of Education (NI) Order 1998, which still allows use of force to maintain "good order and discipline" in schools.

"These assurances have not been provided. This puts the RCN in the potential position of being ascribed a responsibility for a direction that we are unable to support and was developed despite, rather than as a consequence of, our involvement," it stated.

Alliance assembly member Michelle Guy called for the education minister to clarify the department's position.

"The RCN withdrawing from this group is incredibly serious. Their letter outlined concerns as to whether the Department of Education is committed to the elimination of the use of seclusion in educational settings and the minimisation of all restrictive interventions," she added.

"We are in danger of continuing to have differing guidance within educational settings and health settings, which only creates unnecessary inconsistency.

"The outcome here must be clear guidance for our school staff that puts the needs of children and young people at its centre."

The DE spokesperson said the purpose of the taskforce is "to allow education practitioners, health professionals and children's rights advocates to share views" and "to discuss and address remaining concerns and assist in developing new guidance on the use of restraint and seclusion in educational settings".

"It is disappointing that RCN are not prepared to engage in further discussions with the department and other stakeholders in respect of this complex and challenging, yet important and significant area," the spokesperson added.

Calls for tougher laws on when children can be restrained in schools have also previously been backed by the celebrity and businesswoman Paris Hilton.

Ms Hilton has claimed that she was placed in solitary confinement when at boarding school in the US as a teenager.

The DE had provided interim guidance on restraint and seclusion in 2021, but that did not place a legal obligation on schools to record when they restrained a pupil.

Two years later the department drew up new statutory guidance for schools that was then sent out to public consultation.

But some campaigners criticised that process and said there were still too many "grey areas".