Education Minister Paul Givan has launched a public consultation on draft guidance governing the use of physical restraint and seclusion in Northern Ireland schools, marking a significant step toward formalising safeguards for vulnerable pupils. The proposed framework aims to reduce reliance on restrictive interventions and introduce mandatory recording of serious incidents, including all instances of seclusion, though it stops short of the statutory legislation sought by many children’s rights campaigners.
The consultation, which runs until 4 June 2026, seeks views on guidance that would require restrictive practices to be used only as a last resort, in a manner that is lawful, proportionate, trauma-informed and centred on the child’s needs. If approved, the guidance would replace interim measures that have been in place since May 2021, following a review that concluded in March 2022.
Standardising Practice: Recording and Accountability
The draft guidance represents the Department of Education’s attempt to standardise practices that currently vary widely across schools. At present, no legal obligation exists for schools to record incidents of restraint or seclusion, nor is there a requirement to report such data to the Education Authority or the Department centrally.
Paul Givan said:
“This is a sensitive and complex issue, and one where people hold strong and differing views. The draft guidance provides clear, strengthened direction on when and how restrictive interventions may be used, with the overarching aim of reducing and minimising their use to protect and safeguard our most vulnerable learners.
“The guidance has been designed to be deliverable in our schools and does not undermine the positive, supportive approaches that help children access learning every day. It also introduces clearer requirements for recording and reporting serious incidents, including all uses of seclusion, to strengthen oversight and governance across educational settings.”
The Minister continued:
“This consultation is an important step in ensuring that children and young people are properly safeguarded and that educational settings have clear, consistent and rights-based guidance to support them.
“I encourage everyone with an interest in children’s education and wellbeing to respond. Your feedback will play a crucial role in ensuring the final guidance is robust, practical and reflective of the needs and rights of learners.”
The consultation follows a previous exercise in 2023, after which a Task and Finish Group comprising education, health and children’s rights representatives was established to refine the proposals. The current draft is the result of that further work, though the Department has not yet confirmed whether the final guidance will carry statutory status or remain advisory.
Five Years After Ombudsman Warning
The move arrives five years after the Northern Ireland Public Services Ombudsman, Margaret Kelly, described existing policies on restraint and seclusion as “significantly outdated” or non-existent. In a 2021 report, Ms Kelly highlighted the case of a six-year-old child who was repeatedly isolated in a room measuring eight feet by four feet, noting that parents were not informed and records were not kept.
Current powers allowing school staff to use “reasonable force” derive from Article 4 of the Education (Northern Ireland) Order 1998. This permits restraint to prevent a pupil committing an offence, causing personal injury or damage to property, or engaging in behaviour “prejudicial to the maintenance of good order and discipline.” However, the interim guidance issued in 2021 reminded schools that such force should only be used as a last resort, never as punishment, and should not deliberately cause pain or injury.
Despite these interim measures, the Northern Ireland Human Rights Commission (NIHRC) and the Equality Commission for Northern Ireland have previously raised concerns about the lack of standardised definitions for “restraint” and “seclusion,” and the absence of mandatory training for staff. The NIHRC has specifically recommended that Article 4(1)(c) of the 1998 Order—which allows force to maintain good order and discipline—be repealed to ensure compliance with Article 3 of the European Convention on Human Rights, which prohibits inhuman or degrading treatment.
Global Scrutiny and Legislative Gaps
The consultation arrives against a backdrop of increasing international scrutiny. In June 2023, the UN Committee on the Rights of the Child recommended that the UK State Party “take legislative measures to explicitly prohibit, without exception, the use of solitary confinement, isolation, seclusion and restraint as disciplinary measures in schools.” The Committee also called for statutory guidance ensuring restraint is used only as a last resort to prevent harm, with monitoring of implementation.
Scotland is currently progressing with a Restraint and Seclusion in Schools Bill, introduced by Labour MSP Daniel Johnson, which would create specific legal duties regarding these practices. Northern Ireland’s approach, by contrast, relies on departmental guidance rather than primary legislation—a distinction that has led some stakeholders to question whether the protections will be sufficiently robust.
The Equality Commission for Northern Ireland, in its response to the 2023 consultation, noted that the Department’s assessment of impacts on pupils with disabilities and special educational needs lacked sufficient data and evidence. It also highlighted that children with additional needs are disproportionately subjected to restrictive practices, raising concerns about equality of treatment.
Unanswered Questions on Implementation
While the consultation offers an opportunity to strengthen safeguards, several critical questions remain unanswered:
- Will the final guidance include a statutory duty to record and report all incidents centrally, or will schools continue to hold this data independently without oversight?
- How will the Department ensure that the “trauma-informed” approach is properly resourced and trained across all schools, particularly given existing budget pressures and the Minister’s recent reform agenda for special educational needs?
- Should Northern Ireland follow Scotland’s lead in introducing specific legislation on restraint and seclusion, rather than relying on guidance alone?
- How will the rights of children with special educational needs be specifically protected, given evidence of disproportionate use of restrictive practices against this group?
- Will the guidance address calls to repeal Article 4(1)(c) of the Education (NI) Order 1998, which permits the use of force to maintain “good order and discipline”?
Consultation Details and Next Steps
The consultation on “Restrictive Interventions: Guidance for educational settings” closes on 4 June 2026. Interested parties can respond online or submit written views to the Department of Education. The consultation documents, including the draft guidance, Equality Impact Assessment and Child Rights Impact Assessment, are available at: https://www.education-ni.gov.uk/consultations/restrictive-interventions-guidance-educational-settings.
The Department has indicated that online public consultation events will be published in due course. Once the consultation closes, officials will analyse responses before finalising the guidance, which is expected to be issued under Article 18(1)(c) of the Education and Libraries (Northern Ireland) Order 2003—placing a duty on school Boards of Governors to have regard to the guidance when determining measures to protect pupils from abuse.