Child, Youth and Seniors' Advocate Kelly Lamrock is urging the Department of Education and Early Childhood Development to take immediate action to address his concerns surrounding the use of seclusion rooms in schools.
In a report released today (Dec 9), Lamrock highlights what he calls critical gaps in oversight, inconsistent adherence to guidelines and potential violations of human rights.
"Parents are upset, children are impacted and schools seem confused about how to properly follow the department's own guidelines," said Lamrock. "What is more troubling is the lack of clarity on whether the legal authority for these practices exists at all, leaving educators at risk of legal consequences and students subject to arbitrary power."
Seclusion rooms are intended to be used only as a last resort to ensure safety. However, the advocate's report raises questions about whether these measures are being appropriately applied. Without clear statutory authority, adequate oversight and detailed data collection, Lamrock said schools are operating in the dark, and the system is failing both students and educators.
Key issues identified
The report outlines four major areas of concern:
1. Oversight and accountability: A lack of consistent monitoring and inspections leaves the department unable to ensure compliance with its own guidelines.
2. Clinical consultation: Schools often fail to involve clinical experts in decisions involving seclusion, leading to practices that may harm vulnerable students.
3. Clarity of guidelines: Current guidelines require updates to reflect modern research and best practices, especially concerning vulnerable populations.
4. Human rights compliance: The department has not assessed whether seclusion room practices comply with the New Brunswick Human Rights Act, the Canadian Charter of Rights and Freedoms and international human rights treaties.
Recommendations for change
The advocate is calling for:
- Immediate legislative amendments to define the scope and limitations of seclusion room use.
- Mandatory data collection and public reporting on the frequency of seclusion room use.
- Standardized, trauma-informed protocols for the use and oversight of seclusion rooms.
- Engagement with clinical experts, parents and disability advocates in all cases involving seclusion.
- A thorough review to ensure compliance with human rights laws.
There are jurisdictions in Canada and the United States that have moved to regulate or ban seclusion rooms. Lamrock emphasized that such sweeping measures in the context of New Brunswick's inclusive school system, without implementing effective alternatives, could lead to unintended outcomes. These include the increased involvement of law enforcement in school disciplinary matters, potentially criminalizing disabilities, or more children being permanently excluded from educational settings.
Lamrock also draws attention to what he calls broader systemic failures in inclusive education, including chronic underfunding, a lack of school psychologists and delays in providing critical supports to students.
Moving forward
"The current situation demands immediate action," said Lamrock. "It is not enough to simply manage crises as they arise. We must address the systemic breakdowns that create these crises in the first place."
The advocate has given the department four weeks to respond to the recommendations, outlining steps to address the concerns or providing an explanation if it rejects the recommendations.
