Failures of UK Independent Special Schools: Concerns Over Restraint of Vulnerable Children
A Growing concern for vulnerable children and the excessive use of physical restraint against children with complex needs.
Recent BBC reports have shed light on the disturbing practice of excessive physical restraint in independent special schools across the UK. The use of restraint on vulnerable children with complex needs has led to severe psychological and physical injuries. Over 50 families, several staff and a former head teacher, have reported similar accounts of these schools failing children. These schools, often charging exorbitant fees to local authorities of up to £250,000 per year for a placement, are becoming increasingly relied on to educate children with special educational needs and disabilities (SEND). Such practices and lack of regulation raise significant concerns regarding the duty of care owed by these schools to students.
It has been reported that Leah, an 18-year-old former student with autism, ADHD and a learning disability, was subject to repeated restraints. On one occasion, she was held down for so long by a staff member it caused blood vessels in her face to burst. Leah was left emotionally distressed leading her to self-harm. Leah notes that she never felt safe and is one of many children who are being failed by some of these schools.
Similarly, the mother of two autistic daughters, Charlene, thought she ‘had won a golden ticket’ after finding a specialist school that would meet her children’s needs. At one stage, Charlene reports one daughter being restrained on a daily basis. A few years later, both children were left traumatised by the ways in which the school had emotionally and academically failed them. Charlene noted the increase in restraints used when the school was taken over by a large specialist education company.
The majority of these schools are privately owned and local authorities are increasingly turning to these private placements to meet the demand for families who have children with complex needs. Independent schools in England must be registered by the Secretary of State for Education, the independent schools regulator, before operating. Once registered, they are subject to standards inspections. However, they can opt out of the SEND code of practice and can exclude students for non-disciplinary reasons. It has been reported that some schools do not need to employ qualified teachers (this does not apply in Scotland).
Despite parents raising complaints with local authorities, they were often left frustrated and unable to seek proper redress. Leah’s mother, Samantha, made complaints to her local authority which were rejected. Leah eventually won a disability discrimination case against her school in an attempt to stop the use of excessive restraints. The tribunal judge said the school could not show that the restraint was a “proportionate means of achieving a legitimate aim”. The local authority then terminated Leah’s placement and created an alternative support plan.
The Department of Education guidance on ‘Use of Reasonable Force’ (July 2013) stipulates that restraint must be “reasonable in the circumstances”, for example in order to prevent pupils from hurting themselves or others.
If you or your child has been subject to the use of physical restraint at school, then you may be able to bring a claim against the school (or local authority) responsible. Depending on the nature of the restraint, and the impact that this has on you (or your child), it may be that there is a claim for personal injuries (both physical and psychiatric) arising from the restraint and also arguable that, due to the conduct of the staff responsible for the restraint, the school has breached its duty of care towards the pupil.
It may be also be the case that there has been a breach of your (or your child’s) rights under Articles 3 (the right to freedom from torture or inhuman and degrading treatment) and Article 8 (right to privacy and family life, including bodily integrity) of the European Convention on Human Rights (which is implemented by the Human Rights Act 1998).
If you or someone you know has been restrained or assaulted at an Independent Special School and you believe that this was unlawful or in breach of your rights, you can contact our legal experts by calling 0330 822 3451 to speak with a civil liberties solicitor, alternatively, you can request a call back.