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The use of physical restraint as a “last resort”
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The term ‘last resort’ can be confusing for children and staff members alike. It does mean that staff should not use physical restraint when other, practicable, less restrictive forms of intervention are more proportionate to the presenting circumstances. It does not mean that staff always have to attempt all possible alternate ways of intervening before resorting to physical restraint. The definition of ‘last resort’ used by Smallridge & Williamson (2008) is helpful in providing clarity about the term. |
05 Jun 2010 by George Matthews
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Education and Inspections Act 2006 Section 93 Power of members of staff to use force
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Use of Force - key points regarding use of force authorisation and policy statements.
Education and Inspections Act 2006 Section 93 Power of members of staff to use force
(1) A person to whom this section applies may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely—
(a) committing any offence, (b) causing personal injury to, or damage to the property of, any person (including the pupil himself), or (c) prejudicing the maintenance of good order and discipline at the school or among any pupils receiving education at the school, whether during a teaching session or otherwise.
(2) This section applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil.
(3) The power conferred by subsection (1) may be exercised only where—
(a) the member of the staff and the pupil are on the premises of the school in question, or (b) they are elsewhere and the member of the staff has lawful control or charge of the pupil concerned.
From DCSF: The use of force to control or restrain pupils – guidance for schools in England. April 2010
The staff to which this power applies are: |
05 Jun 2010 by George Matthews
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NEW DCSF Use of Force Guidance
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This document can be found at: http://www.teachernet.gov.uk/wholeschool/familyandcommunity/childprotection/usefulinformation/useofforceguidance/
Team Teach Workbook, including accompanying PowerPoint Programmes, Intermediate Manual and supporting resources will be updated soon to reflect the changes introduced, plus the requirements and recommendations made. In the meantime, the key features are as stated below.
Key Features: A Change in the Law
Section 246 of the Apprenticeships, Skills, Children and Learning Act 2009 amended Section 93 of the Education and Inspections Act 2006 to include the requirement that governing bodies must ensure that a procedure is in place for recording each significant incident in which a member of staff uses force on a pupil; and reporting each such incident to each parent of the pupil as soon as practicable after the incident.
Reporting to Parents ( Para 49-67)
Significant changes related to the new requirement on schools to record and report “significant” incidents. From September 2010, the governing body, including the management committees of Short Stay Schools, must ensure that a procedure is in place for recording, and reporting to parents, significant incidents where a member of staff has used force on a pupil. They must also take reasonable steps to ensure that the procedure is followed by staff at the school. The record must be made as soon as practicable after the incident. If it is likely that reporting an incident to a parent will result in significant harm to the pupil, significant incidents should be reported to the local authority (See Para 49-67)
The threshold for “significance incidents ” being achieved will likely involve any of the following factors:
a. An incident where unreasonable use of force is used on a pupil would always be a significant incident.
b. Any incident where a significant degree of force has been used (e.g. physically pushing a pupil out of a room) would be significant.
c. The use of a restraint technique is significant.
An incident where a child was very distressed (though clearly not over reacting) would be significant.
The law requires that each parent is informed when significant force has been used on their child. In this case “parent” has the meaning given by section 576 of the Education Act 1996, and so will include people having day-to-day care of the child and the local authority where a child is the subject of a care order. But the section 576 definition is widened to include the local authority as a ‘parent’ in the case of children who are looked after under section 20 of the Children Act 1989 even though the local authority does not have parental responsibility for these children.
(Para 63) The Secretary of State’s view is that in this case, significant harm is where a child is chastised inappropriately and/or excessively. A school might already be aware that a particular parent is likely to respond inappropriately in response to an incident involving their child and the school may have already instigated safeguarding procedures. The risk of significant harm in these circumstances would be heightened for pupils who are vulnerable because of their special educational needs, disability or other medical reasons.
The school’s procedure on Recording and Reporting should indicate who is responsible for reporting to parents and for deciding whether to report to the local authority instead. The procedure should also set out the timescale within which the report should be made, bearing in mind that the duty is to make the report as soon as is practicable. The person who makes the report to the parent need not be the person who compiled the report.
Wherever possible, it is best to telephone parents as soon as possible after the incident before confirming details in writing. It is also good practice for parents to be given a copy of the school’s policy on the use of force and information on post-incident support. |
08 Apr 2010 by George Matthews
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Resources & Emphasis On Showing, Rather than Applying Restraint. On Risk, Restraint & Challenging Behaviour Reduction
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A specially commissioned set of resources for tutors, school mentors and trainee teachers is available from http://www.behaviour4learning.ac.uk/browse2.aspx?anchorId=17990&selectedId=17993&menu=17995
Team Teach trainers could use these short clips to complement the messages and table top activities around poor and preferred practice, Ginger Bread Man and “Experiences Driving Feelings (Conflict Spiral activity)
The “Pepsi Challenge” activity could also be complemented by using the You Tube clip “Diet Coke + Mentos http://www.youtube.com/watch?v=hKoB0MHVBvM&feature=related |
06 Feb 2010 by George Matthews
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Teachers lack confidence in tackling violence, a ATL survey suggests
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Figures released to BBC Breakfast suggest two-thirds of newly qualified teachers have received no clear guidance on restraining violent pupils. See http://news.bbc.co.uk/1/hi/education/8501202.stm
The Association of Teachers and Lecturers, which surveyed 1,001 of its members, is calling for training in this area to be made compulsory. The ATL survey of 1,001 student teachers, newly-qualified teachers and probationers in England, Scotland, Wales and Northern Ireland, found 49% felt they had not had enough training to deal with challenging behaviour.
Nearly 55% of those still training felt they were not getting enough guidance on the issue.. One in five felt they had been provided with clear guidance on restraining violent pupils, though nearly 30% said they had not yet covered the area in training
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06 Feb 2010 by George Matthews
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YJB Physical Control in Care Prison Service Training Manual. - Ordered to be released.
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The Youth Justice Board has been ordered to release a training manual detailing restraint methods used on young people in its care following a complaint made to the Information Commissioner.
The ruling follows a Freedom of Information request to the YJB for details from the Prison service Physical Control in Care Training manual.
The YJB refused to release some details, claiming that disclosing the material would likely prejudice security and put the health and safety of young people and staff within secure training centres at risk.
However, the Information Commissioner’s Office ruled that it is in the public interest to disclose information about the methods used, which can include distraction techniques – deliberately inflicting pain on children.
Assistant information commissioner Gerrard Tracey ruled that there is a significant public interest in releasing the training manual in full based on the level of public debate and controversy surrounding the use of physical restraint.
He added that disclosure of the information may lead to the techniques being subjected to public scrutiny that could result in changes that improve young people’s health and safety.
The YJB has been given 35 calendar days from the date of the decision notice, unless an appeal is served |
11 Jan 2010 by George Matthews
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Reducing the risks faced by adults working with children and young people in Education, Care and Health Service Settings.
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A number of media reports during 2009 highlighted the concern that the careers of hundreds of teachers, care and health workers, are being needlessly blighted or destroyed. It is said even an apparently minor use of force / physical intervention can lead to a teacher, care or health worker facing a long drawn out and flawed disciplinary process. And often the adults involved say they are treated as guilty until proved innocent. |
01 Jan 2010 by George Matthews
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Inspection Body Comments on the Positive Impact of TT
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Congratulations to Dave Coombs and the staff of Ysgol Penmaes on their recent excellent Estyn Inspection Report.
Some of the comments are copied below
"There are outstanding procedures to support learners through well delivered and planned behaviour strategies. A particular strength of the school is the way it meets the needs of pupils with emotional and behavioural difficulties.
The teachers set a high standard for behaviour in lessons and apply their expectation on a consistent basis. The effective application of the Team Teach strategies to address any instances of disruption has successfully reduced instances of bad behaviour throughout the school. This is an outstanding feature.
A particular strength of the school is the way it meets the needs of pupils and students with emotional and behavioural difficulties. Teachers, TAs and Support Assistants consistently manage pupils' and students' challenging behaviour very well, as a result of the effective whole-staff training in behaviour management.
There are clear policies to promote high standards of behaviour and staff receive appropriate training to deal with inappropriate or oppressive behaviour. These have been highly effective, resulting in a significant decrease in instances of unacceptable behaviour and all forms of harassment and are a strength of the school. "
The complete report can be viewed at http://www.estyn.gov.uk/inspection_reports/Ysgol_Penmaes_june_2009.pdf |
31 Dec 2009 by George Matthews
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Consultations, Guidance and Inspection Standards
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Three consultations are out in the public domain.
(1) The Welsh Assembly have published their consultation
Behaviour in Schools: Safe and Effective Intervention / Ymddygiad mewn Ysgolion - Dulliau Diogel ac Effeithiol o Ymyrryd
(2) DSCF Revision of National Minimum standards for Boarding & Residential Specials Schools
(3) Revising National Minimum Standards for Children’s Homes |
10 Dec 2009 by George Matthews
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DSCF: Responding to Behaviour that Disrupts Teaching & Learning
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In an email sent out (26.10.09) to schools by Jon Coles, Director General, Schools Directorate, the DSCF emphasises its commitment to support schools in maintaining an orderly environment where:" teachers can teach and where behaviour is good throughout the day, wherever the students are"
Key documents and resources are listed which are seen as central policy and guidance documents that should underping practice in key areas related to improving behaviour and attendance. |
27 Oct 2009 by George Matthews
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