Physical Restraint of Pupils Specialist Provision Transport

Roedd y cais yn rhannol lwyddiannus.

Pamela Sommerville

Dear North Lanarkshire Council,

This a Freedom of Information request. The request is in the form of the questions below, which all relate to the physical restraint of pupils accessing Specialist Provision Transport ( this being both drivers and escorts employed by the council only) in last two years. I do not require any identifying information about individual pupils or staff.

1. How many escorts, out of the total number of escorts, have received training in physical restraint?

2. Does the transport department have a restraint policy? If so when was the policy created?

3. How often has the restraint policy been reviewed? Please provide dates, where possible.

4. Are reviews of the restraint policy periodic, prompted by restraint incidents or both?

5. Has the physical environment (i.e. all areas of the transport) been risk assessed for the purpose of physical restraint of pupils?

6. Have records been kept of all risk assessments, or the environment and of at risk children?

7. Is there recognised method used by the transport department, of physical restraint of pupils? What is this method?

8. In what circumstances might a child be physically restrained?

9. What procedure do the transport department follow after the physical restraint of a pupil (e.g investigation, record keeping, taking the views of the child)?

10. What restorative steps are taken, if any, to restore the child and staff members relationship following a physical restraint?

11. If a child resists restraint, is action usually taken against the child for their words spoken, or behaviour displayed, during restraint? If so, what action is taken against the child and for what purpose?

12. How many children have been physically restrained by transport staff in the past two years?

13. Have records been kept of any incidents of physical restraint?

14. What procedure do the transport department follow when escorts are off sick or on annual leave? also is it acceptable to put a cleaner or driver in place of escort that is off sick or on annual leave?

15. If it is acceptable to put a cleaner or driver in place of the escort are these staff trained on physical restraint?

16. What action is taken if a physical restraint is undertaken that does not comply with transport departments restraint policy?

Yours faithfully

Pamela Sommerville

Keachie Jacqueline, North Lanarkshire Council

Dear Ms Sommerville

I acknowledge receipt of your e-mail which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours sincerely

Jacqueline Keachie
for Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Motherwell
ML1 1AB
01698 302232

McKay Neil, North Lanarkshire Council

Dear Ms. Sommerville

 

Request for Information

 

I refer to your email of 18 October seeking information in relation to
Specialist provision transport.

 

Having investigated, my response to your queries numbered 1) to 16) is as
follows:  -

 

1)                                 The Council does not provide training
in physical restraint.

 

2)                                 The Council’s transport department does
not have a physical restraint policy.

 

3), 4) , 6),

7), 8), 9),

10), 11), 12),

13), 15), 16)                N/A

 

5)                                 Transport has not been risk assessed
for the purposes of physical restraint of pupils.  I can advise that the
Education Department will only allow pupils travel by bus if it is deemed
appropriate to the pupil’s needs and abilities.

 

14)                               The school is contacted and asked to
provide escort cover.  In the event that no cover is available a spare
driver (PVG approved) will be asked to assist.  Spare drivers are no
longer requested to act as escorts if there are no special requirements
eg. required to administer medicines.

 

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can within forty working days require a review of that decision
by writing to the Head of Business for Legal and Democratic Solutions,
Civic Centre, Windmillhill Street, Motherwell ML1 1AB.  Accordingly, if
you are dissatisfied with this decision and seek such review please write
to the Head of Business for Legal and Democratic Solutions.

 

I would advise, also, that in terms of Section 47 of the Act a person who
is dissatisfied with a notice given by the local authority under Section
21 of the Act - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Act.  Such an application must be in writing
or in another form which, by reason of it having some permanency is
capable of being used for subsequent reference, must state the name of the
applicant and an address for correspondence and must specify the request
for information to which the requirement for review relates, the matter
which gave rise to the applicant’s dissatisfaction with the original
decision of the local authority and the matter which gives rise to the
applicant’s dissatisfaction with the decision on review by the local
authority or the failure of the local authority to issue such a decision. 
The Scottish Information Commissioner can be contacted as follows:-

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrew’s

KY16  9DS

[1]www.itspublicknowledge.info/Appeal

email : [2][email address].

 

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

 

Yours sincerely

 

 

Neil McKay

Freedom of Information Co-ordinator

Democratic and Legal Services

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1 AB

Tel : 01698 302 484

 

 

 

dangos adrannau a ddyfynnir

Dear McKay Neil,

Can you please clarify

1. In relation to question 15, Is it acceptable to place a department cleaner in an escort position transporting vulnerable children?

2. In the last year how many physical restraints or ‘interventions’ have taken place on council transport? Are they recorded?

Yours sincerely,

Pamela Sommerville

McKay Neil, North Lanarkshire Council

Dear Ms. Sommerville

I refer to your 2 emails of 29 November and regret to advise that I can provide no further detail in terms of the Freedom of Information legislation.

By way of some explanation, while the Freedom of Information Act provides a right to request information held by local authorities, the information must be recorded information that is held in a material form, eg. a report, a spreadsheet, minute of a meeting etc. With reference, to your original requests and follow up emails of the 29th, a lot of the queries contained in these emails ask for explanation as to why things have been done and, such explanation is unlikely to be recorded information that is already held by the Council. Accordingly, the response I can provide in terms of the Freedom of Information legislation is limited and I am unable to provide the further details you seek.

You may wish to direct these queries to the Education Service or the Nursery and ask them to respond as a complaint or a Service enquiry outwith the terms of the Freedom of Information legislation.

Kind Regards

Neil McKay
Freedom of Information Co-ordinator
Democratic and Legal Services
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1 AB
Tel : 01698 302 484

dangos adrannau a ddyfynnir