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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
My comments: On a quick scan through - it looks as though the Welsh Assembly have adopted the majority of the English versions previously confirmed.
Cannot see anything glaring that jumps out as a major concern other than l think local authorities would be wise to support and underline the approach recommended regarding searching for a weapon when a child is likely to resist. The idea of training education staff to undertake police type searches goes against the grain. Again, l think that local authorities should be informed by Head teachers if they choose to go down this route.
Sometimes it is what is not mentioned in a consultation that can be significant and somehow should be commented on. For example, no mention of particular positions being banned with regard to use of force - but the emphasis being on force having to be reasonable and proportionate. The guidance should be congratulated on taking this position. The more people from local authorities who respond in such a way, the more likely that the position will be reinforced when it comes to the consultation ending.
Please find attached a link to the consultation document, Behaviour in
Schools: Safe and Effective Intervention, which is available only on the internet.
http://wales.gov.uk/consultations/education/behaviourinschools/;jsessionid=GvQjLX0BcQf9hFCn9pLgTQhYVTZvk11J5z0LP1Q27lzbpGcHQlDv!686978193?lang=en
The Welsh Assembly consultation period will finish on February 17, 2010.
(2) DSCF Revision of National Minimum standards for Boarding &
Residential Specials Schools
http://www.dcsf.gov.uk/consultations/downloadableDocs/NMS20Consultation%20Draft1.doc
Point to Note:
Additional Requirements for Residential Special Schools
10.9. When a child has run away in the past and is at risk of doing so again if not supervised, the school has procedures to monitor the child and to specify how the child may be prevented from leaving the school without authority in the future. Procedures may include physical modification to the premises, behavioural and/or therapeutic approaches to change the child’s behaviour, or physical restraint (in accordance with agreed guidance on physical restraint). Any such measures must be used as agreed in the child’s care plan.
Closing date Thursday 11 March 2010
(3) Revising National Minimum Standards for Children’s Homes
http://www.dcsf.gov.uk/consultations/downloadableDocs/22%2009%2009%20Childrens%20Homes%20-%20Consultation%20version%20v3%20mw.doc
The revised standards out for consultation contain these:
25. All staff are trained in the use of restraint techniques and only use the home’s agreed techniques. Training is regularly refreshed.
26. Physical restraint is not used expect (sic) to prevent serious injury or likely serious damage to property. Restraint is never used:
• as a punishment
• as a means to enforce compliance with instructions
• or in response to challenging behaviour which does not give rise to reasonable expectation of injury to someone or serious damage to property. (For schools which are children’s homes, this does not prevent the use of restraint in circumstances permitted by s550A of the Education Act 1996, while the child is receiving education.)
TT Comment / Point to Note:
26 The word "never" is inappropriate and unhelpful. It is for Courts to decide if any use of force is reasonable, necessary and proportionate.
e.g. What about if restraint was used to enforce compliance with the instruction to stop somebody hitting another person?
The word "serious" needs definition and some legal explanation - What sort of injury is not serious? What sort of damage is not serious? ..and Section 550a was repealed in April 2007 and the guidance should now relate to The Education and Inspections Act 2006.
Closing Date Thursday 17th December 2009 |
10 Dec 2009 by George Matthews
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