Restraining Pupils and the Use of Reasonable Force Policy There has been a change to the previous policy reviewed September 2014 Approved by Pupil Welfare Committee: 25 September 2014 Signed by Chair of Committee: S McMillan Ratified by the Full Board of Governors on: 8 October 2014 Signed Chair of Governors: C Turner Review Date: Within 4 Years of above date Restraining Pupils and the Use of Reasonable Force Policy Staff should be mindful that effective management of individual situations usually results in resolution before there is any need to use force to control or restrain pupils. A calm and measured approach to a situation is needed and staff should never give the impression that they have lost their temper or are acting out of anger or frustration when handling a problem. THE USE OF REASONABLE FORCE TO CONTROL OR RESTRAIN PUPILS In accordance to Section 93 of Education and Inspections Act 2006, subsection(1), members of staff 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 – Committing any offence Causing personal injury to, or damage to the property of, any person(including the pupil himself) or 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. WHAT IS REASONABLE FORCE? Based on this legal framework, the working definition of ‘reasonable force’ is the minimum force necessary to prevent a pupil from physically harming him/herself or others or seriously damaging property, but used in a manner which attempts to preserve the dignity of all concerned. The use of reasonable force will always depend on the circumstances of the case and staff should take the following into consideration: ■ whether it is reasonable to use force, and the degree of force X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 2 of 10 that could reasonably be employed, given the age, sex, physical strength, size, understanding, medical conditions and any special educational needs of the pupil; ■ the use of force can be regarded as reasonable only if the circumstances of the particular incident 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 misdemeanour, or in a situation that clearly could be resolved without force; and ■ the degree of force employed should be in proportion to the circumstances of the incident and the seriousness of the behaviour or the consequences it is intended to prevent. Any force used should always be the minimum needed to defuse the situation. WHEN CAN REASONABLE FORCE BE USED? In a school, force is used for two main purposes – to control pupils or to restrain them. The decision on whether or not to physically intervene is down to the professional judgement of the staff member concerned and should always depend on the individual circumstances. The following list is not exhaustive but provides some examples of situations where reasonable force can and cannot be used. X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 3 of 10 Schools can use reasonable force to: remove disruptive children from the classroom where they have refused to follow an instruction to do so; prevent a pupil behaving in a way that disrupts a school event or a school trip or visit; prevent a pupil leaving the classroom where allowing the pupil to leave would risk their safety or lead to behaviour that disrupts the behaviour of others; prevent a pupil from attacking a member of staff or another pupil, or to stop a fight in the playground; and restrain a pupil at risk of harming themselves through physical outbursts. Schools cannot: use force as a punishment – it is always unlawful to use force as a punishment. What form can reasonable force take? Physical intervention can take several forms. It might involve staff: Physically interposing between pupils; Blocking a pupil’s path; Holding; Pushing; Pulling; Leading a pupil by the hand or arm; Shepherding a pupil away by placing a hand in the centre of the back (in extreme circumstances) using more restrictive holds. NB. Always use the minimum force required in any situation. However staff must, under no circumstances, take action which could cause injury, such as: holding a pupil around the neck, or by the collar, or in any other way that might restrict the pupil’s ability to breathe; slapping, punching or kicking a pupil; X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 4 of 10 twisting or forcing limbs against a joint; tripping up a pupil; holding or pulling a pupil 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. Where possible the teacher should always try to deal with the situation through other strategies before using force. Teachers need to develop strategies and techniques for dealing with difficult pupils and situations which they should use to defuse and calm a situation. Post Incident All students must be seen by Matron (or person deputising) immediately after any incident involving physical contact. Recording incidents Immediately following any incident the member of staff concerned must inform the Principal or Vice Principal and provide a written report. This must be completed using the Incident Report Sheet, available from the Staff Room. It will help prevent any misunderstanding or misrepresentation of the incident, and it will be helpful should there be a complaint. That should include: the name (s) of the pupil (s) involved, and when and where the incident took place; the names of any other staff or pupils who witnessed the incident; the reason that force was necessary (eg: to prevent injury to the pupil, another pupil or member of staff); how the incident began and progressed, including details of the pupil’s behaviour, what was said by each of the parties, the steps taken to defuse or calm the situation, the degree of force used, how that was applied, and for how long; the pupil’s 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. (In the case of injury a report from Matron must be included). X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 5 of 10 Staff may find it helpful to seek advice from a senior colleague or a representative of their professional association when compiling a report. They should also keep a copy of the report. Incidents involving the use of force can cause the parents of the pupil involved great concern. Thus the Principal or Vice Principal in consultation with the Head of Learning will ensure that parents are informed of an incident involving their child, and given them an opportunity to discuss it. X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 6 of 10 The Principal or Vice Principal will orally inform the parents/carers on the day, which may be later followed up in writing. Complaints Any complaints from parents regarding the use of unreasonable force to restrain or control a pupil, may result in a member of staff being investigated under disciplinary procedures or by the police and social services department under child protection procedures. X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 7 of 10 APPENDIX A Advice from Suzy Lamplugh Trust Generally It is better to defuse than intervene. Talk over episodes together, find out what you think might have been a good response in difficult situations. Establish a culture of openness, don’t hide behind a notion of professionalism not to report incidents. On Breaking Up A Fight Get rid of non-combatants; violence thrives on witnesses. Don’t put yourself at risk; alert colleagues, enlist their help. Assess a situation first. Be calm, don’t take it personally. Use verbal intervention first. X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 8 of 10 APPENDIX B December 2011 Restraints Record Sheet Name of Pupil: ______________________ Date:____________________ Place where restraint was necessary: __________________________________________________________________ __________________________________________________________________ Please record the events leading to the restraint:___________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Please state what force was used:_________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Why was the force used:__________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Please state what happened next:________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Details of any alleged / apparent injuries suffered by either Party:____________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 9 of 10 Please name any witnesses: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Please sign when you have completed all of the sections: Name: ________________________________________ Job Title: ________________________________________ Date: ________________________________________ Please pass this form immediately onto a named member of the Senior Leadership Team. Please state that name of the Senior Leaderships that you passed this form onto: Name: ________________________________________ Time: ________________________________________ Date: ________________________________________ Parent/Guardian informed: Name: ___________________________ Date:____________________ By the Principal/Vice Principal _______________________ Delete as applicable and name if Vice Principal This form should be completed and copies passed to: The Principal Head of Learning to put into the pupil’s file Vice Principal in charge of Restraints log X:\General\PoliciesHCrest\Updated Policies\ACADEMY POLICIES\Academy Policies Signed\RestrainReasonableForcePol Sept 14.doc Page 10 of 10
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