Scottish schools will be required to record every instance of pupil restraint or seclusion and notify parents within 24 hours, following the passage of landmark legislation in the Scottish Parliament.
Commonly known as “Calum’s Law”, the Restraint and Seclusion in Schools (Scotland) Bill was approved unanimously as one of the last pieces of business before the Scottish Parliament dissolved ahead of the May election.
Introduced by Labour MSP Daniel Johnson, the legislation represents the culmination of a decade-long campaign by Beth Morrison, whose son Calum came home from school with unexplained bruises in 2010, and Kate Sanger, whose daughter Laura was repeatedly secluded during school.
The new legislation will lead to statutory government guidance on the use of seclusion and restraint, mandate national training for school staff, and require that all incidents be recorded and reported to parents.
As Mr Johnson told Parliament while opening the final debate over the bill this week, parents of children with additional support needs (ASN) and who are often non-verbal “are simply unable to find out what happened” after their children are secluded or restrained.
“Just imagine what it must be like when someone’s child returns home from school with bruises, and it takes days, weeks or months to find out where those bruises came from.
“Sometimes, they eventually find out that it was the adults who were charged with looking after their children who caused those injuries through the use of inappropriate restraint.”
'The children aren’t naughty, they are scared'
Ms Morrison explained the events leading up to Calum’s injuries in a 2023 piece in The Herald: “Our son Calum has Epilepsy, Cerebral Palsy, Autism and Learning Disabilities.
“He was very small for his 11 years when riding an adapted disabled bike in the gym at his “special school”.
“The teacher was giving instructions, but Calum had the developmental age of a toddler, and lacked the ability to process her instructions. When (as she saw it) he did not do as he was told, he was physically pulled off the bike and got such a fright, he kicked out.
“That resulted in four staff taking Calum to the floor, face down with so much pressure that he couldn’t breathe. He lost consciousness and wet himself. Whilst still in the process of coming round, still soaked in his own urine, staff forced Calum into a chair.
“One of them stood over him with an egg timer to make sure he understood he was being punished (He did not).”
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In later news accounts, it was reported that Calum was left with 64 bruises on his body and haemorrhaging on his chest, and that his parents were told the injuries were “consistent with someone who has been hung, strangled or positional asphyxia, and it was normally seen in restraint death".
Beth and Kate campaigned for more than 11 years, speaking with thousands of families who went through similar experiences at schools across Scotland.
During the final debate, multiple MSPs referenced an email from Ms Morrison sent ahead of the vote: “Calum can’t advocate for himself due to his complex disability, but he can express this truth: the children aren’t naughty, they are scared.”
Bill passes
A 2018 report by the Children and Young People’s Commissioner found that only 18 of 32 local authorities were recording all instances of seclusion and restraint.
In 2017/18, 18 councils reported 2,674 incidents of restraint and seclusion, but five could not say how many children were involved.
In cases where councils could provide comprehensive data, an average incident rate of six-per-child emerged. Only 12 councils were able to identify how many of these incidents related to children with disabilities or additional support needs.
On the same day as the vote, the Scottish Government published its one-year review of new guidance on physical intervention. The report found 3,786 incidents of physical restraint across primary, secondary and special schools between November 2024 and November 2025, along with 222 cases of seclusion.
Two local authorities did not respond to the survey connected to the review.
Education Secretary Jenny Gilruth voiced the Scottish Government’s full support of the bill, referring to the government review as evidence that legislation was necessary.
“Restraint must only ever be used as a last resort to prevent injury. That principle, which underpinned the national guidance that was issued in 2024, remains central today.
“Although the data that has been collected does not yet provide a full picture, we can clearly see that there is a higher prevalence of restraint and seclusion in our primary and special schools.
“Progress is being made on professional learning to help support implementation. However, one year on from the implementation of the national guidance, there is clearly more work to be done to improve parental notifications and recording and to further support professional learning.
“The review is perhaps itself evidence of the need to legislate in this space.”
The bill passed unanimously and will apply to state and independent schools.
Nicola Killean, the Children and Young People’s Commissioner, welcomed the result and called for further legislation to extend the requirements to “all settings where children are in care of the State”, including care, secure care, and health services.
“This has been a long, hard road for children, families, carers, and organisations who have campaigned for statutory guidance on the use of restraint for many years.
“This legislation will support and protect both children and school staff from the distressing experience and consequences of unnecessary and unlawful restraint and seclusion.”
