Boy was ‘restrained unnecessarily’ at special needs school

The mom of a younger boy “restrained unnecessarily” in a chair in school has mentioned she feels vindicated by a watchdog’s report into the case.

Deirdre Shakespeare’s son Harry, who’s autistic and non-verbal, was restrained in a chair at his special school with out her data.

The Public Services Ombudsman has investigated Mrs Shakespeare’s grievance about Harry’s remedy.

The watchdog mentioned Harry was “restrained unnecessarily” and “the failures in this case caused the child’s parents a huge amount of distress”.

At the time of the incident Harry was 5 years previous.

The ombudsman additionally criticised the Western Health Trust for failing to watch his seating in school.

He can stroll unaided however used a special chair at school mealtimes.

But in keeping with the ombudsman’s report, when the school claimed it was having issue transferring him to the eating room, the belief added a wheeled base to the chair.

The ombudsman mentioned that an evaluation of Harry’s needs ought to have been carried out and that “in approving and fitting the wheeled base to the chair the trust did not fully consider the child’s human rights”.

“The child’s mother also said the lap belt on the chair was much too tight,” the ombudsman’s report mentioned.

“When she raised this with the trust she was told that the chair was also used by others in the school, and that her son could use another chair if she wished.”

But that chair was “more restrictive and had foot straps, a lap strap, and a wheeled base,” the ombudsman mentioned.

The ombudsman’s report concluded that “the chair was an over prescription and caused him to be restrained unnecessarily”.

In an announcement, the deputy ombudsman Sean Martin mentioned: “The trust should have given guidance to the school on how to use the specialist chairs so that the child was only restrained when it was absolutely necessary.

“The precept of utilizing the least restraint doable must be an crucial for everybody, whatever the setting.”

Harry is now 13 and Mrs Shakespeare told BBC News NI that it had been “fairly a prolonged investigation”.

“We really feel vindicated in any case this time,” she said.

“It brings us some kind of closure that this challenge – as long-winded because it has been – has now been investigated completely.

“Harry can’t speak, he has no voice so this is an opportunity for this report to be his voice.”

With different mother and father, Mrs Shakespeare has been campaigning for numerous years for Harry’s Law – to make it obligatory for colleges to report after they remoted or restrained a baby.

It would contain repeal of Article 4 of the Education (NI) Order 1998 which permits academics to make use of pressure to cease pupils “engaging in any behaviour prejudicial to the maintenance of good order and discipline”.

That name has additionally beforehand been backed by the movie star and businesswoman Paris Hilton.

“We are looking for better scrutiny whenever restrictive practices have been used on a child,” Mrs Shakespeare mentioned.

“As it currently stands there is no legal obligation for a school to report whenever a child has been restrained at school.”

The Department of Education consulted on new statutory steering on the discount and administration of restrictive practices in 2023.

But Mrs Shakespeare mentioned that it nonetheless left “a lot of grey areas and was very open to interpretation”.

“It still didn’t safeguard children,” she mentioned.

“The end goal for us is to make sure that whenever restraint has been used that it is recorded and reported.

“We do not wish to see any additional loopholes being put in place.

“We want to see better safeguards in place so that this never happens again.”

She mentioned that Harry was “very happy” in school now, however added that his case confirmed there additionally wanted to be a joint strategy to restraint taken by the departments of well being and schooling.

“They collaborate together in schools and they’re overseeing the care of our children,” she mentioned.

“I do feel this should have been looked at from a health and education perspective and not just one or the other.

“We want to verify for each youngster coming by way of into schooling that each youngster is safeguarded from the misuse of restrictive practices.”