The Harsh Reality of Seclusion: A Call for Change
By Dean Cotton, Managing Director, Behaviour Smart Ltd
The troubling practice of seclusion, particularly in schools across the UK, raises serious questions about human rights and individual autonomy. A recent report by the BBC has brought this issue to light, highlighting situations where pupils are isolated against their will. In this blog we delve deeper into this matter and understand why seclusion demands urgent attention.
Understanding Seclusion
Seclusion entails confining individuals alone in a room against their will. The report by the BBC shows how it is sometimes used in schools to manage disruptive behaviour or prevent harm. In my own experience as a behaviour consultant I have supported many services who are often confused around the legalities of the practice. The stark reality is that seclusion can become a tool of power and control, stripping away a person's agency and dignity.
Balancing the risks of seclusion and physical intervention
A few years ago, I carried out a small-scale study to try and balance the risk of seclusion with the risk involved with physical restraint. Not surprisingly seclusion was found to have profound psychological effects, often exceeding those of physical intervention. Instead of fostering healing, seclusion was found to perpetuate cycles of trauma which can exacerbate existing mental health challenges, especially for vulnerable populations.
The study found that physical restraint may be seen as less intrusive or humiliating compared to seclusion, supporting an individual physically may allow them to remain in their current environment rather than being secluded away from others.
Physical intervention can be applied quickly and in situ, without the need to move the individual to a different location. This can be beneficial in urgent situations where immediate intervention is required to prevent harm to the patient or others.
When an individual is supported physically staff can continuously monitor them while they remain within the setting. This allows for closer observation and quicker response to any changes in the individual's condition or behaviour.
Seclusion can have significant psychological impacts, such as increased anxiety, fear, or feelings of isolation. Physical intervention, if used appropriately and for the shortest necessary duration, may potentially be less psychologically damaging.
Physical intervention can be a temporary solution to manage immediate risks or crisis situations. It may be used to stabilise an individual until they can be assessed more thoroughly or until other interventions can be implemented.
During a physical intervention individuals can still interact with staff and receive verbal interventions aimed at calming or de-escalating the situation. This opportunity for interaction and communication may not be possible in seclusion.
Seclusion also relies on a room being available and it is often not transferable to other environments. It would be very difficult to seclude an individual in a supermarket or at the park.
It's important to note that both physical restraint and seclusion should be used as a last resort and in accordance with specific protocols and guidelines to ensure patient safety, dignity, and rights.
Ethical and Legal Considerations
The use of seclusion raises critical ethical and legal questions about individual rights. Should mental health interventions compromise personal freedoms? How do we balance safety concerns with the imperative to respect human dignity? While UK law governs the use of seclusion, reports of abuse highlight the need for greater oversight and accountability.
What Does the Law Say?
The legality of seclusion, particularly in schools and mental health services, depends on various factors including jurisdictional laws, regulations, and specific circumstances under which seclusion is used. In the UK, the use of seclusion is subject to extremely strict guidelines and legal frameworks to ensure that it is used only in limited and necessary situations and only in services which have the correct statutory powers.
Key points regarding the legality of seclusion.
In the UK, the use of seclusion in schools is regulated by laws such as the Education and Inspections Act 2006, which allows for the use of reasonable force, including seclusion, in specific circumstances to prevent harm or disorder.
Seclusion can only be used as a last resort and only in emergencies where there is an immediate risk of harm to the individual or others. It should not be used as a routine disciplinary measure or as a form of punishment. We need to remember that the Children Act 1989 only allows us to use strategies that are in the best interest of the child.
The use of seclusion must comply with human rights standards, including the right to liberty and security as outlined in the Human Rights Act. Excessive or inappropriate use of seclusion may contravene these rights.
Schools and mental health services must have clear policies and procedures regarding the use of seclusion, including oversight mechanisms, staff training, and reporting requirements. Any use of seclusion should be documented and reviewed to ensure compliance with legal and ethical standards.
A Call for Change
As a society, we must demand transparency and accountability in education and mental health care. We need policies that promote therapeutic environments and uphold individual rights. Our goal should be to eliminate harmful practices like seclusion and foster a culture of empathy, empowerment, and care, where individuals feel supported.
Moving Forward
The issue of seclusion prompts broader conversations about human rights and social justice. Collaboration among policymakers, schools, healthcare professionals, advocates, and affected communities is essential to promote compassionate, evidence-based care.
In conclusion, seclusion demands collective attention and action. It represents a profound violation of human rights and underscores the urgent need for systemic change in education and mental health care. Let's work together towards a future where compassion and respect guide our approach to supporting individuals on their journey towards healing and recovery.