“Parents must be told as soon as possible” if restraint or seclusion is used on a child in school. That is the plainest change in the Restraint and Seclusion in Schools (Scotland) Act 2026, which was passed by the Scottish Parliament on 24 March 2026 and received Royal Assent on 26 May 2026. For councils, headteachers and families across Scotland, the Act brings a firmer legal frame to one of the most sensitive parts of school life. It deals with the physical restriction of a pupil’s movement, or the isolation of a pupil from others, and it puts parent contact, record-keeping and ministerial guidance into law rather than leaving them to uneven local practice.

The Act defines “restraint” as physical contact by a staff member, or someone acting under an education provider’s authority, intended to significantly restrict a pupil’s movement or their ability to move independently. “Seclusion” means action intended to isolate a pupil from other pupils and prevent them from leaving the place where they are being kept. Ministers can later adjust those definitions by regulation, but only after consultation. The test written into the Act is whether the law is catching actions that do not carry a significant risk of harm, or missing actions that do.

Scottish ministers must now issue national guidance for education providers on the use of restraint and seclusion in schools. That guidance must cover what counts as significant restriction of movement, which forms of restraint and seclusion are appropriate or inappropriate, what alternatives should be used, and what schools can do to prevent or minimise incidents in the first place. It must also set out the rules on safeguarding, legal duties, what happens after an incident, how incidents are recorded and monitored, how practice is inspected, how staff are trained, and how complaints are made and put right. Before issuing or revising that guidance, ministers must consult education providers, parent representatives, trade unions, children and young people, the Commissioner for Children and Young People in Scotland, and other relevant organisations. Once it is published, schools must have regard to it.

One of the clearest new duties falls on the “responsible person” for each school. If a pupil is subject to restraint or seclusion, a parent must be told that it happened and given details of the incident. The deadline is tight: by the end of the same school day, or within 24 hours if telling them that day is not reasonably practicable. The Act also sets out who carries that duty. In a council-run school it is the headteacher or another staff member authorised by the headteacher. In an independent school it is the proprietor, and in a grant-aided school it is the managers. If a parent has asked for another person to receive the information, the school can notify that person instead. Ministers can also create limited exceptions later through regulations.

The paper trail, often the first thing to come under strain in a busy school, is no longer optional. Every education provider must record every incident of restraint or seclusion in its schools. Education authorities, independent schools and grant-aided schools must also send the numbers to Scottish ministers within the timescales ministers set. There is room for more detailed reporting rules later, including who receives reports, what information must be included and how quickly it must be passed on. Ministers must then publish a yearly report on the number of incidents in Scottish schools and lay it before the Scottish Parliament. For families who have felt this area was too hidden from view, that is a notable shift.

The Act also allows Scottish ministers to develop training standards on the use of restraint and seclusion in schools and keep a list of people who meet those standards. They can also recognise standards developed by others where ministers consider them appropriate. Any standards and lists must be published. In terms of scope, the law applies to schools managed by education authorities, independent schools and grant-aided schools. It borrows key definitions from the Education (Scotland) Act 1980, and it makes clear that “school” in this Act does not include nursery schools or nursery classes.

Not every part starts at once. The technical sections on interpretation, regulation-making, commencement and the short title came into force on 27 May 2026, the day after Royal Assent. The main working sections, covering definitions, guidance, parent notification, recording and training, will start on dates chosen by ministers, but no later than 31 July 2028. That means the law is now on the books, but the test will be in the day-to-day work of councils, school leaders and staff. For readers in the North, especially in border communities where education policy is watched on both sides of the line, Scotland’s approach will be worth following closely. It sets a clearer public standard on when schools must explain themselves, and when families must be told what has happened to their child.