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NEW DCSF Use of Force Guidance
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Other Key features of the Guidance:
(Para 19-21, 36 & 77- 81) Strengthened advice on when to use force, a power not a duty.
(Para 21) Emphasis on “duty of care”; that schools should NOT have a “no touch” policy and that
(Para 38) parental consent is NOT required to restrain a pupil.
Using force
Difference between control and restraint: detailing unacceptable techniques. (See Para 39) These were the “seated double embrace”, the “double basket-hold” and the “nose distraction technique”. None of these techniques are supported or used by Team Teach.
Staff training (Para 43-47)
Promoting accredited holistic whole staff training, all staff (Para 44) having a responsibility for pupil behaviour.
Advising (Para 46) that all schools should have at least one member of staff who has received recent training by accredited providers in physical intervention and restraint techniques (in larger schools this might be two or more)
Powers to Search (weapons and other “prohibited Items”)
Reasonable force may also be used in exercising the statutory power, introduced under section 45 of the Violent Crime Reduction Act 2006 (and re-enacted by Section 242 of the ASCL Act 2009), to search pupils without their consent for weapons. This search power may be exercised by head teachers and staff authorised by them, where they have reasonable grounds for suspecting that a pupil has a weapon. Reasonable force may be used by the searcher.
Where resistance is expected school staff may judge it more appropriate to call the police or if they have one, their Safer School Partnership (SSP) Officer. From September 2010, the power to search pupils without their consent will be extended to include alcohol, illegal drugs and stolen property (‘prohibited items’).
Policy & Practice: (Para 19-26)
(Para 20) Head teachers must ask parents to sign a Home School Agreement (HSA) when their child joins the school. By signing the HSA parents will be indicating their agreement with the School Behaviour Policy. The policy is expected to set out the circumstances in which force might be used on a child, it should be made clear to the parent that, in signing the HSA, they are acknowledging the school’s power to use reasonable force on their child in the circumstances described in the policy.
(Para 33 & 67) It is good practice for governors to monitor incidents where force has been used. Head teachers have an important role in reporting such incidents to the governing body.
Other areas covered by this guidance, reflecting previous statements issued in the Use of force guidance (Nov 2007) are as follows:
Post Incident Support (Para 68-71)
Dealing with complaints and allegations regarding use of force (Para 72-76)
Physical contact with pupils in other circumstances (Para 82-83)
Annexe A : School policies –suggested framework
Annexe B: Incident record form
Annexe C: Summary of the additional guidance relating to pupils with SEN and or disabilities.
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08 Apr 2010 by George Matthews
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