Government proposes new law to clarify use of physical intervention in schools

Minister for Children and Education Mattias Tesfaye has sent a draft bill for public consultation that aims to clarify schools’ duty of care and establish clear rules for when and how staff in primary schools may physically intervene with pupils.

The draft law comes in response to experiences from schools where the current regulations are considered insufficient to help teachers and other staff manage complex situations involving pupils. The proposal introduces explicit provisions outlining the school’s responsibility to ensure pupils’ well-being and, in certain cases, to use physical force when necessary.

According to the draft, physical intervention should only be used as a last resort and must always be carried out carefully, briefly, and with the utmost respect for the pupil’s personal integrity. Intervention may only occur when all other relevant and less intrusive options have been exhausted. While this principle already applies under general rules of necessity and self-defence, it is now proposed to be explicitly incorporated into legislation specifically for primary schools.

Physical intervention may be considered when a pupil: damages property, physically assaults others, exposes themselves or others to physical danger, psychologically harasses others, or significantly disrupts the learning environment.

In situations involving physical danger—such as when a pupil harms themselves or others—it may be proportionate to intervene directly using physical force. In cases involving psychological harassment or disruption of teaching, staff must first attempt less intrusive measures such as conversation or guiding the pupil away from the situation with their cooperation.

-“The school must have room for all children, but not for all behaviour. Teachers must be able to be the adults in the room and take responsibility for the pupils’ well-being. I don’t think the current legislation is good enough—neither when it comes to protecting the class community nor ensuring the legal rights of pupils and staff. That’s why it’s positive that we are now introducing explicit rules. This is very much about safeguarding the school community,” said Minister for Children and Education Mattias Tesfaye.

The proposal also includes a requirement for schools to record and report all instances where physical intervention or protective action is used. Parents must be informed of the incident, and public primary schools and their associated after-school programs must report such cases to the municipal council.

Once the consultation period has ended, the minister will convene the cross-party group behind the public school agreement for negotiations on the final version of the bill.

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