Autistic boy allegedly forcibly restrained more than a dozen times, sparking a landmark legal challenge
One Australian autistic boy was allegedly subjected to 14 forcible restraints at school last year, prompting renewed calls for the practice to be outlawed.
Australian parents are taking landmark legal action after their autistic son was allegedly forcibly restrained up to 14 times in four weeks.
Australian schools are continuing to physically restrain and seclude students with disabilities two years after the Disability Royal Commission called for it to be outlawed.
The Victorian Department of Education has defended the use of repeated multiple-person physical restraint on the severely autistic year 12 student last year.
The boy, who attended Eastern Ranges School in Ferntree Gully, was allegedly subjected to 14 multiple-person restraints lasting 15 to 20 minutes in a four-week period in 2024.
On one day alone he was allegedly subjected to three restraints in three and a half hours.
In recent years the extensive use of the controversial practice at other schools has also been revealed, which included students being locked in cages and tied to chairs.
In this case, the boy’s parents have lodged a disability discrimination claim with the Victorian Civil and Administrative Tribunal over the school’s treatment of their son.
When he is distressed, the boy engages in self-harm, such as hitting his head repeatedly, which is managed by staff holding him down to stop the behaviour.
However, his parents believe the deterioration of the formerly “happy” boy is due to the school’s treatment of him, with repeated physical restraints heightening his distress.
Disability advocate Julie Phillips, who is supporting the family, said the boy “was in a cycle of self-harm and restraint which just went over and over until he had to be withdrawn”.
“This school has a long history of restrictive practices. This is about saving money, as restraint is cheaper than bringing in behavioural experts to help.”
Staff repeatedly raised concerns about the lack of communication with the boy’s parents about the episodes and restraints, a lack of behavioural experts to support staff and the impact of the repeated restraint on the boy’s wellbeing.
“The boy’s father said their family was not officially told about the staff’s treatment of the boy, but were finally alerted to it by distressed and concerned staff.
“When you physically restrain kids, it makes the behaviour worse. These were two to three-person restraints. The staff were crying out for help and not getting it.”
A Victorian Department of Education spokesman said the “safety and wellbeing of all our students is the highest priority in Victorian schools”.
“As this matter is now before VCAT, it is inappropriate for the Department to comment further.”
According to the department, physical restraint and seclusion are only permitted within Victorian government schools in exceptional circumstances where it is necessary to protect the safety of a student or another person.
The latest state government statistics show there were 2686 instances of restraint or seclusion used on Victorian schoolchildren in 2023.
Children and Young People with Disability Australia chief executive Skye Kakoschke-Moore said the Disability Royal Commission “made it clear that there is no place for the use of violent and outdated restrictive practices in our schools”.
“Yet nearly two years on from its vehement call for their elimination nationally, we continue to hear harrowing accounts like this of children and young people with disability being physically restrained against their will.”
“Governments must act by investing in inclusive, trauma-informed approaches that uphold every student’s dignity and right to safety,” she said.
A spokesperson said the NSW Department of Education “remain committed to the national goal of reducing and eliminating the unnecessary and inappropriate use of restrictive practices in schools”.
A spokesperson for the Queensland Department of Education said state schools were “committed to reducing and eliminating, as far as practicable, the use of restrictive practices”.
“Restrictive practices may be used in specific situations in Queensland state schools as a response to immediate, foreseeable risk of harm and may only be used when no other less restrictive option is available,” they said.
A spokeswoman for the South Australian Department of Edudcation said protective practices guidelines “state that staff are not permitted to restrain students unless there is an immediate risk of harm to the student or others – and only as a last resort”.
The department is currently finalising a restrictive practices procedure, which will provide sites with advice and guidance around restrictive practices and data reporting.
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Originally published as Autistic boy allegedly forcibly restrained more than a dozen times, sparking a landmark legal challenge
