A group of 55 families in Australia recently asked the United Nations to investigate reports of abusive restrictive practices being used in some schools against pupils with SEND. The famillies say that these practices include physical assault of pupils, locking them in dark rooms and the use of routine restraint.

The families argue that this is a violation of pupils’ human rights and that the practices are in breach of the United Nations Convention on the Rights of Persons with Disabilities.

An investigation happening on the other side of the world might not seem like something for teachers in this country to be concerned about. But because our government ratified the UN Convention in 2009, this means that the UK, like Australia, has agreed to abide by the terms of the Convention and to accept investigation and potential sanctions where there is a violation of those terms.

What is happening in Australia should be a warning that we need to reflect on our own practices in school and to make sure that we remain within the regulations of the UN convention.

This means starting some difficult conversations where we really open up about the challenges that we experience when managing pupils’ behaviour.

Review your own practice

Just because we call something “positive handling” does not stop it from being restraint. If we have handles on doors that are too high for children to reach, then how is that different to infringing a right to freedom through locking the door? Hands placed gently but firmly on a child’s shoulders to stop him or her from moving away − is that a violation of a child’s right to autonomy and freedom to make their own decisions as protected within Article 3 of the Convention? Or is it just a helpful support?

The Convention prohibits the use of “cruel, inhuman or degrading treatment or punishment” and promotes respect for the inherent integrity and dignity of individuals. The families in Australia are claiming that this is frequently breached through the use of practices such as humiliating pupils with SEND in front of the class by, for example, asking a child who struggles to decode text to read out loud in front of others; or by “handling” pupils in front of their classmates.

Here in the UK, we should not only be talking about the Convention on the Rights of Persons with Disabilities, but also using its terms to review and develop our practice.

This needs to happen nationally and collaboratively in the spirt of open and honest debate. I have personally witnessed the difference between public and private practices in schools, but there will be no fooling the UN inspectors if and when they come to visit.

Nick Hodge is professor of inclusive practice at the Autism Centre, Sheffield Hallam University.

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