Luddendenfoot J&I School

Physical Restraint

All guidelines serve three distinct purposes. Firstly and primarily, they should protect the interest of the children in our care. Secondly, they should serve to protect the staff who have to implement policies and, thirdly, they should protect management.

Managers feel protected as long as they have clear guidelines, and staff feel protected when they can show that they have followed them.

Although the guidelines refer to schools and pupils it is intended that the policy should apply to the Community Education Service in order that young people, staff and management can feel that they have the same protection as is the in schools.

Introduction

The Education Act 1997 (Section 4) clarified the position about the use of physical force by teachers, and others authorized by Headteacher of the school, to control or restrain pupils. The clarification was made by adding a section (section 550 A) to the Education act 1996. This new section came into force on 1st September 1998, and applies to all schools. It restates principles derived from common law and statute, which have, in the past, been misunderstood. For example there is a common misconception that, since the Children Act 1989, any physical contact with a child is in some way unlawful. That is not true. Where necessary reasonable force can be used to control or restrain pupils.

A school policy

It is important that schools have policy about the use of force to control or restrain pupils. All members of staff who may to intervene physically with pupils must clearly understand the options and strategies open to them. They must know what is acceptable and what is not. The Governing Body, parents, and pupils, and contractors working in school also need to know that. However, visitors should not become involved in this area.

The Headteacher should draw up a policy setting out guidelines about the use of force to control or restrain pupils, and discuss these with staff who may have to apply them, and with the Governing Body of the school. When drawing up such a policy Headteachers of LEA maintained schools should refer to any model policy about restraining pupils, that the LEA has developed. In conjunction with this policy Headteachers of other schools may also find it helpful to refer to any such policy and/or seek advice from their professional association. In all cases Headteachers should take account of the LEA’s guidance on pupil behavior and discipline policies.

Included with the information the school gives parents about the school’s policy on discipline and standards of behavior they should be informed that there is a policy on Physical Restraint, a copy of which should be available to them on request.

Planning for incidents

If a school is aware that a pupil is likely to behave in a way that may require physical control or restraint, it will be sensible to plan how to respond if the situation arises. Such planning needs to address:

• managing the pupil (e.g. reactive strategies to de-escalate a conflict, holds to be used);

• involving the parents to ensure that they are clear about what specific action the school might need to take;

• briefing staff to ensure they know exactly what action they should be taking (this may identify a need for training or guidance);

• ensuring that additional support can be summoned if appropriate

• In some cases, particularly in SEN settings, the school may need to seek medical advice about the safest way to hold pupils with specific health needs.

Authorized staff

The Act allows all teachers at a school to use reasonable force to control or restrain pupils. It also allows other people to do so, in the same way as the teachers, provided they have been authorized by the Headteacher to have control or change of pupils. Those might include classroom assistants, care workers, midday supervisors, specialist support assistants, education welfare officers, escorts, caretakers, or voluntary helpers including staff accompanying pupils on visits, exchanges or holidays organised by the school.

Headteachers may identify people other than teachers, whom they wish to authorise to have control or charge of pupils and therefore be able to use force if necessary. Authorisation may be on a permanent or long-term basis because of the nature of the person’s job, or short term for a specific event such as a school trip. The head should explicitly inform the people concerned, and ensure that they are aware of and properly understand what the authorisation entails and maintain an up to date record of people.

Action in self-defense or in an emergency

Section 550A does not cover all the situations in which it might be reasonable for someone to use a degree of force. For example, everyone has the right to defend themselves against an attack provided they do not use a disproportionate degree of force to do so. The purpose of section 550A is to make clear that teachers, and other authorised staff, are also entitled to intervene in other, less extreme situations

The new provision outlined in section 550A of the Education Act

Allows teachers, and other persons who are authorised by the Headteacher to have control or change of pupils, to use such as is reasonable in all the circumstances to prevent a pupil from doing, or continuing to do, any of the following:-

• committing a criminal offence( including behaving in a way that would be an offence if the pupil were not under the age of criminal responsibility);
• injuring themselves or others;
• causing damage to property (including the pupils own property);
• engaging in any behavior prejudicial to maintaining good order and discipline at the school or among any of its pupils, whether that behavior occurs in a classroom during a teaching session or elsewhere.

The provision applies when a teacher, or other person, is on the school premises, and when he or she has lawful control or charge of the pupil concerned elsewhere e.g. on a field trip or other authorised out of school activity.

Types of incidents

There are a wide variety of situations in which reasonable force might be appropriate, or necessary, to control or restrain a pupil. They will fall into three broad categories.

• where action is necessary in self- defense or because there is an imminent risk of injury for example:

• a pupil attacks a member of staff, another pupil:
• pupils are fighting

• where there is a developing risk of injury, or significant damage to property e.g.

• A pupil is engaged in, or is on the verge of committing, deliberate damage or vandalism to property.
• A pupil is causing, or at risk of causing, injury or damage by accident, by rough play, or by misuse of dangerous materials or objects.
• A pupil is running in a corridor or on a stairway in a way in which he or she might have or cause an accident likely to injure him or herself or others;
• A pupil absconds from a class or tries to leave school (N.B. this will only apply if a pupil could be at risk if not kept in a classroom or at school).

• where a pupil is behaving in a way that is compromising  good order and discipline:
• a pupil persistently refuses to obey an order to leave a classroom
• A pupil behaving in a way that is seriously disrupting a lesson.

Reasonable Force

There is no legal definition of “reasonable force”, so it is not possible to set out comprehensively when it is reasonable to use force, or the degree of force that may reasonably be used. It will always depend on all the circumstances of the case

There are two relevant considerations

• The use of force can be regarded as reasonable only if the circumstances of the particular incidents warrant it. The use of any degree of force is unlawful if the particular circumstances do not warrant the use of physical force. Therefore physical force could not be justified to prevent a pupil from committing a trivial misdemeanor, or in a situation that clearly could be resolved without force.
• The degree of force employed must be in proportion to the circumstances of the incidents and the seriousness of the behavior or the consequence it is intended to prevent. Any force used should always be the minimum needed to achieve the desired result.

Application of Force

Physical intervention can take several forms. It might involve staff:

• physically interposing between pupils
• blocking a pupils path:
• holding, pushing, pulling
• leading a pupil by the hand or arm:
• (In extreme circumstances) using more restrictive holds.

In exceptional circumstances, where there is an immediate risk of injury, a member of staff may need to take any necessary action that is consistent with the concept of “reasonable force”

In other circumstances staff should not act in a way that might reasonably be expected to cause injury, for example by:

• holding a pupil around the neck, or by the collar, or in any other way that might restrict the pupils ability to breathe;
• slapping, punching or kicking a pupil;
• twisting or forcing limbs against a joint;
• tripping up a pupil
• holding or pulling a pulling by the hair or ear;
• holding a pupil face down on the ground

Staff should always avoid touching or holding a pupil in a way that might be considered indecent.

Practical considerations

Teachers and staff should attempt to communicate with the pupil throughout the incident, and should make it clear that physical contact or restraint will stop as soon as it ceases to be necessary. A calm and measured approach to a situation is needed and teachers and staff should never give the impression that they have lost their temper, or are acting out of anger or frustration, or to punish the pupil.

Teachers should not intervene in an accident without help (unless it is an emergency). For example, when dealing with an older pupil, or a physically large pupil, or more than one pupil, or if the teacher believes he or she may risk injury. In those circumstances the teacher should remove other pupil who might be at risk, and summon assistance from a colleague or colleagues, or where necessary phone the police. The teacher should inform the pupil(s) that he or she has sent for help. Until assistance arrives the teacher should continue to attempt to defuse the situation orally, and try to prevent the incident from escalating.

Where the risk is not so urgent the teacher should consider carefully whether, and if so when, physically intervention is right. Teachers should always try to deal through other strategies before using force. Alternative strategies and techniques for dealing with difficult pupils and situations should be used to defuse and calm the situation; in a non- urgent situation force should only be used when other methods have failed.

As the key issue is establishing good order, any action which could exacerbate the situation needs to be avoided.

Training

Staff who may be exposed to violence and aggression need to be made aware of the potential risks they face and capable of recognising danger either to themselves or to others.

The staff-training programme may include, as appropriate, the following: -

• The cause of violence and aggressive behavior.
• The policy and procedures for dealing with violence.
• Safe working practices.
• What to do when feeling threatened.

• managing confrontation by using positive interpersonal skill:
• attracting the attention of colleagues:
• Usage of security equipment (alarms etc.):
• Ensuring an escape route.

Recording and Reporting of incidents

It is important that there is a detailed, contemporaneous, written report of any occasion where force is used.

Schools should keep an up-to-date record of all such incidents, preferably in an incident book. Immediately following any incident the member of staff concerned should tell the Headteacher or a senior member of staff and provide a written report as soon as possible afterwards. The report should include the following: -

• the name(S) of the pupil(S) involved, and when and where the incident took place
• the names of any other staff or pupil who witnessed the incident;
• the reason that force was necessary(e.g. to prevent injury to the pupil, another pupil or member of staff);
• How the incident began and progressed. Including details of the pupils behavior, what was said by each party, the steps taken to defuse the situation the degree of force used, how was it applied, and for how long;
• the pupils response, and the outcome of the incident;
• Details of any injury suffered by the pupil, another pupil or a member of staff and of any damage to property.

Staff may find it helpful to seek advice from senior colleague or a representative of their professional association when compiling a report. They should also keep a copy of the report. Headteachers should always inform parents orally or in writing that there has been an occasion where is has been necessary to restrain their child.

Complaints and Liability

If schools follow these policy guidelines then the likelihood of a successful complaint against staff for assault will be much reduced. If the guidelines were not followed then it would be difficult to defend the action of any member of staff.

The council carries insurance to cover claims against it and its employees resulting from negligence. If a claim is brought the claimant has to show some lack of care by the council and/or it’s employee in order to succeed. If the claimant is successful the insurance cover will indemnify the council against the award of damages and legal costs. If the claimant does not prove negligence, the insurance will cover the legal costs incurred by the LEA in defending the3 claim. It would be very unusual for an action to be brought against a member of staff rather than the LEA.

When an injury arises to a child in a LEA school, during the school day, as a result of physical restraint and the parent makes a claim against the authority on the grounds of negligence, this would be handled by the council’s insurers under the policy. Similarly with regard to incidents arising in school time in an LEA school, where one child is injured through the actions of another child, the family could make a claim against the LEA which would again be dealt with under the insurance policy. Again negligence would have to be proved on the part of the LEA for a claim to be successful.

The policy would not provide cover for the individual employee if that member of staff had acted out of malicious or improper motives in an unreasonable manner so as to cause the injury deliberately.

Procedure for reporting violent and Aggressive Behavior

There is an increasing trend of violent and aggressive behavior towards staff; set out below is the procedure to be followed for reporting such incidents.

All aggressive and violent incidents should be reported to the authority through the Headteacher who should ensure completion of the enclosed from as part of the reporting process. The form should be sent to the education Health & Safety with a copy to Education Personnel. A copy of the form ACC1/96 is attacked.

This policy was adopted by the governors of Luddendenfoot School in July 1999.

It will be reviewed bi-annually.