http://scotlandonsunday.scotsman.com/in ... 1207132004 'Chemical cosh' threat to violent pupils
KATE FOSTER HOME AFFAIRS CORRESPONDENT
kfoster@scotlandonsunday.com SOME of Scotland's most vulnerable schoolchildren will have to be controlled using the "chemical cosh" Ritalin because staff fear prosecution if they use physical restraint, ministers were warned last night.
A special school head said lack of official guidance on how to restrain violent youngsters left staff open to allegations of assault, and the increased use of drugs might be the only way of dealing with the problem.
Graham Bell, the chief executive of Kibble Education and Care Centre in Paisley, said his staff were using force around five times a week and, as a result, facing an average of one assault allegation to police a month.
Bell, whose school offers a last chance before secure accommodation to 100 boys with severe behavioural problems, said he could not tolerate the safety and liberty of his staff being put at risk and that the widespread use of Ritalin might be the consequence.
Bell is angry that the Scottish Executive has still not issued official guidance on approved restraint techniques to special schools more than a decade after they were promised.
Ministers have promised "action" before the end of the year, but that amounts only to the launch of a consultation, with no fixed date for guidelines to be in place.
It emerged last week that Kerelaw School, Ayrshire, is to close following the suspension or transfer of 23 staff amid allegations of assault against youngsters. Some new staff said they had not been trained how to restrain pupils safely.
The allegations have led to comparisons with the "pindown" scandal in England during the early 1990s, when carers used excessive force and solitary confinement to control children. Victims of the regime, used on children in Staffordshire County Council's care, won compensation of almost £2m after a damning report into the procedure.
Following the scandal, care homes in Scotland were promised detailed guidance on how to control violent or unruly children, but these have still not been delivered. There are around 1,000 pupils in specialist schools for children with behavioural problems in Scotland.
Teachers at the Kibble centre say they put themselves at risk of abuse claims every time they have to use force against a violent child. This often involves several members of staff holding the pupil down in a restrictive position.
Bell said: "It's important to point out that we use techniques to calm the situation down and stop young people becoming aggressive. Using force is always the last resort and our methods emphasise the safety of young people. But if we don't, how else do we provide structure? We would be criminally negligent if we refused to do it. It's protecting young people from themselves and protecting everyone else. It is very important young people feel safe, and they only feel safe if adults are in control."
Staff were constantly in an "impossible situation" where they were trying to protect themselves and other children, Bell said. "However, we still have around one complaint every month from a pupil who alleges abuse in these situations, although these are usually proved untrue."
A handful of children at Kibble already receive Ritalin to alleviate hyperactivity. Bell warned use of the drug could rise to 85% - a figure experienced in care homes in the US - unless guidance was issued.
He said: "If we don't have guidelines then we face a situation here where more children will end up being drugged and locked up. We don't want to lock children up and use psychotropic drugs, but if we don't do anything we just leave it to individual staff to decide what's right and what's wrong. Is that fair on the children and staff?"
Bell admitted three members of his own staff are currently being investigated. In one recent case, a staff member dealing with a violent pupil who was threatening assault placed a chair between himself and the pupil, who later claimed the teacher had hit him with it.
The teacher was subsequently charged and the matter reported to the procurator fiscal. The fiscal took no action. Over the intervening period, however, the issue hung over the teacher, threatening his career. The charge remains on his file.
Bell added: "We have been asking for guidance since 1995 and it still hasn't happened. So I am really worried it will slip again." Kibble is an independent organisation founded in 1859 and is now the biggest centre of its kind in the UK. It has around 100 pupils, all boys. All have been referred through Children's Panels - some for petty offending, drug or alcohol abuse and self-harm and others for more serious problems including worrying sexual behaviour.
The boys live in residential units and are monitored round the clock, although not kept under lock and key. Pupils sent to the school are on their last chance before secure accommodation, and local authorities pay up to £170,000 a year for placements.
Kerelaw, which is run by Glasgow City Council, has been at the centre of a series of allegations.
Inspectors were called in by the council in June after allegations from present and former pupils about several welfare issues, including what were said to be "inappropriate" restraint procedures.
Earlier this week, police said a 55-year-old man was being reported to the procurator fiscal in connection with the allegations. The school will close in March. Kerelaw staff refused to comment on the issue.
Fiona Hyslop, SNP education spokeswoman, said: "Best practice guidelines should be issued if they are needed.
"We can't have people trying to create their own rules, particularly following the situation at Kerelaw. Without guidelines the system is open to abuse by staff and pupils."
A spokesman for the Scottish Conservatives said: "This seems an intolerable situation and for the sake of pupils and staff it is important that this is drawn to the attention of the Education Minister, Peter Peacock."
The Scottish Executive said last night it would issue draft guidelines for consultation by the end of the year, which would be the subject of a consultation. It is unclear exactly when final guidance will be published.
The Departments of Health and Education for England and Wales published guidelines two years ago, emphasising training, legal considerations and risk assessment.