It is a little late to be bringing you news of the publication of Edition 9 of the Health and Education Chamber’s Bulletin – as it has been available since November! However, the Bulletins, which are always worth a read, are slightly tucked away in a corner of the website where you wouldn’t necessarily stumble across them.

So, I am letting you know that the latest Bulletin contains some really useful and interesting material including:

• an update on the return to “in person” hearings;
• an article by Angela Morgan OBE, independent chair of the review of additional support for learning;
• an article by one of the legal members on the case of Cowie & Ors v Scottish Fire and Rescue Service on what is meant by “unfavourable treatment”;
• an article by one of the specialist members on The Promise, and what steps are being taken to implement it, particularly in the Falkirk / Forth Valley area.

It also features an article by me on the Scottish Government’s draft guidance on the use of physical intervention in schools. the article can be found on pp 16-19 of the Bulletin. It looks in detail at cases which have been decided by the Tribunal concerning the use of restraint / physical intervention in schools.

National guidance will undoubtedly be of assistance to tribunals considering claims of disability discrimination in cases of physical intervention or restraint. The rights based approach adopted by the Scottish Government aligns well with the Tribunal’s existing decisions.

Article: “Draft Guidance on the Use of Physical Intervention in Schools” Nisbet, I. (HEC Bulletin, Ed 9) Nov 2022

To read the full article, you can access the Bulletin here:

“The Bulletin” Edition 9 (Nov 2022) – Health and Education Chamber (PDF)