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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:
i. any member of staff at the school;ii. any other person whom the head has authorised to have control or charge of pupils. This can also include people to whom the head has given temporary authorisation to have control or charge of pupils such as unpaid volunteers (for example parents accompanying pupils on school-organised visits); and iii. does not include any pupils.
13. The power may be used where the pupil (including a pupil from another school) is on the school premises or elsewhere in the lawful control or charge of the staff member (for example on a school visit).
A school’s policy on the use of force should describe examples of: a. the different approaches which should be used prior to force being used;b. the circumstances which the school sees the use of force to restrain a pupil as reasonable (for example, to prevent them injuring somebody); and c. the circumstances the school regards as justifying the use of force to require a pupil to comply with a reasonable instruction (for example, to leave the classroom).
All staff need to understand their powers and the options open to them. They must know what they are allowed to do under the school’s behaviour policy.
A school’s policy on use of force should be consistent with its policies on child protection and health and safety.
24. Annex A suggests a framework for a policy that schools may find helpful, including a list of headings the policy could usefully cover.
Staff authorised to use force
25. All members of school staff are authorised by law to use force. Headteachers can also decide whether to authorise for a limited time volunteers at the school although this should be in exceptional cases only. Such individuals should be given clear instruction on when the power can be used and on the school’s policy and practice.
26. The head teacher or delegated senior member of staff is advised to do the following:
a. as part of a staff induction process, set out staff members’ responsibilities in relation to the school policy on use of force; and
b. ensure that all authorised staff know that they have the power to use force.
Staff authorised to use force
This section in a policy could deal with both permanent and temporary authorisation.
• On permanent authorisation, it could make clear that all teachers and staff the head has authorised to have control or charge of pupils automatically have the statutory power to use force and identify which categories of staff this covers.
• On temporary authorisation, it could explain: – the circumstances in which staff whose jobs did not normally involve supervising pupils and volunteers working with pupils will be authorised to be in control or charge of pupils and therefore have statutory power to use force; and
– how teachers and other staff with permanent authorisation will know who has temporary authorisation.
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05 Jun 2010 by George Matthews
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