Fear of legal action, confusion over rules and a failure to include children and parents in decision making is excluding children with disabilities from everyday activities and causing them stress and loss of dignity, according to a new report out today.

The report Handle With Care by Scotland’s Commissioner for Children and Young People examines policy and practice in the moving and handling of children with physical disabilities.

It is based on a survey of all 32 local authorities, interviews and focus groups with children and young people, parents and practitioners, and a review of relevant law.

The study found that there was a "postcode lottery" across Scotland in terms of moving and handling practice, staff training and the extent to which children and parents are involved in decisions about their care.

The report also highlights the dilemma staff face in choosing between following a policy (which may mean moving a child in a way that causes the child pain or distress), or risking disciplinary action by moving a child in the way he or she prefers.

Parents and carers told researchers that they felt that the health and safety of staff was being prioritised at the expense of the rights and needs of children, who often end up being excluded from activities such as school trips and facilities such as swimming pools.

Children's Commissioner Kathleen Marshall said: "The moving and handling of children with disabilities has a real impact on their happiness, comfort and safety, but staff are understandably confused over what they can and cannot do and have to constantly juggle conflicting priorities.

"National standards are desperately needed so that, though the detail of policy may vary from council to council, there are clear guidelines that ensure the safety and well-being of staff and children. The quality of life of children with disabilities, and respect for their rights and needs, should not be a postcode lottery. Currently, there are some excellent examples of local authorities doing good work, but too much is by chance rather than design."

Green MSP Robin Harper said: "The true test of any society is how it cares for and respects its most vulnerable. All too often, this report shows, there is conflict between the needs of young Scots with disabilities and the moving and handling policies that affect them. We need to see a consistent approach that puts their needs first across Scotland."  

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