Rachel Hogan from the Children’s Law Centre (CLC) recently gave evidence to Stormont’s Education Committee. She emphasized the need to take immediate action to change laws related to the use of restraint and seclusion in schools. Her testimony shed light on the damaging impacts of today’s punitive practices on all children, especially those with disabilities.
During her evidence, Hogan referred to existing laws as “draconian,” stating that they do not align with modern educational values. She argued that such restrictive practices can lead to long-term harm for children, stating, “Restrictive practices can be harmful and that harm can be long term and lasting.” Her comments underscore a growing concern among advocates about the implications of these measures on children’s mental health and well-being.
Hogan was the catalyst when he raised the issue with real-world examples. The most high-profile of these was Deirdre Shakespeare’s son, Harry, who inappropriately restrained. The impact of this incident was very real, showing once again the deeply emotional effect that these types of actions can have on students. Hogan expressed her shock at hearing about instances of restraint, saying, “I can’t even begin to process that, that is very shocking.”
Hogan pointed out that while the Department of Education (DE) has made efforts to address these issues, there has been a “significant delay in bringing forward promised changes.” Further, this gap calls into question the effectiveness of the policies in place and how they are being implemented within our schools. She noted that many schools refuse to believe they are capable of serving certain kids. Instead, they continue to make bad placements for them. “A school has maybe said ‘we can’t meet the needs of this child,’ and they’re being placed anyway,” she remarked, highlighting a critical gap in the system.
Hogan emphasized that the law allows school employees to intercede when there’s a serious threat of “significant harm” to a student or faculty member. Advocating for better training, Antinoro argued that better training and more transparent guidelines could prevent non-necessary restraint. “We need to make it easy for school leaders to know what to do,” she asserted.
The debate at Stormont’s Education Committee was not just a once-off. Pat Sheehan, the committee’s deputy chair, noted one deeply concerning instance. An autistic boy was handcuffed to a chair with a backpack. DUP MLA Peter Martin pointed out these “extremely harrowing examples” of restraint practices in Northern Ireland. He implored all of us to see the bigger picture in these occurrences.
Just today, the Department of Education released new draft guidance. It reaffirms that restraint and seclusion should only be utilized as a last resort. Hogan did push for legislative change to make sure that kind of thing isn’t routine practice. “How are we going to fix this if we don’t reform the legislation that talks about force?” she questioned.
Hogan’s testimony reflects a new and powerful trend among parents, advocates and practitioners. Yet they are forcing these challenges and inequities into the light and urging continued accountability and reform in our educational system. National-level conversations are happening about how to do right by these vulnerable children in schools. Hogan’s statements serve as an important counterbalance, reminding us that we must do everything to ensure their rights and well-being.
“Seclusion should never be used as an intervention in an education setting.” – Children’s Law Centre (CLC)
