|
|
|
The use of physical restraint as a “last resort”
|
Principle 1: Force should be used only as a last resort.
12.24 ‘Last resort’ is not defined in law, but we understand it to mean that if alternatives for managing the young person’s behaviour – other than force – have a realistic chance of success, their use is preferable. The critical need is for staff to have credible, effective alternative strategies.
12.25 Staff should be required to demonstrate in all but the most exceptional circumstances that they had attempted to defuse a situation first.
12.26 But ‘last resort’ does not necessarily mean that all the other low level alternatives must be tried and seen to fail before force can be considered. There are occasions in which the immediate use of force is essential to prevent the level of risk rising. The Children’s Rights Director of England has made this point well:
“Within safeguarding practice there may be exceptional circumstances in which to keep a child safe from imminent danger (e.g. from an attack or impending attack) restraint can, at times, reasonably be a measure of the first resort”. (Smallridge & Williamson, 2008:75 Independent review of restraint in juvenile secure settings. London: Ministry of Justice/Department of Children, Schools and Families.
From Bernard Allen: “Safeguarding Children Safeguarding Staff”.
"Last resort” Using force as a last resort means that if other alternatives have a realistic chance of success their use is preferable. It does not mean that all the other low level alternatives must be tried and seen to fail before force can be considered. Staff should use their judgement, make a risk assessment and choose a proportionate and timely intervention, which may or may not involve the use of force. There are occasions in which immediate action is essential and where prevarication and indecision would allow the level of risk to increase, so reducing the chance of a successful intervention."
Bernard Allen (2008a) - Safeguarding Children Safeguarding Staff.
The Last Resort Principle The use of physical restraint should only be taken when there is no other realistic alternative. This does not mean that we always expect people to methodically work their way through a series of failing strategies before attempting an intervention in which they have some confidence. Nor does it mean always waiting until the danger is acute and imminent, by which time the prospect of safely managing it may be significantly reduced. It does mean that we expect staff to conduct a risk assessment and choose the safest alternative available. This includes thinking creatively about any alternatives to physical intervention which may be effective. Allen B 2005
|
05 Jun 2010 by George Matthews
|
|
|
|
|
