WINCHESTER COLLEGE
USE OF REASONABLE FORCE
Implementation Date
6 February 2011
Review Date
8 February 2016
Next Review Date
8 February 2017
Author
JPC
Approved
SMC 17 February 2016
This policy refers to and complies with the guidance outlined in the Circular 10/98 “The Use
of Force to Control or Restrain Pupils” (July 2013) and Section 550A of the Education Act
1996. It is in line with the Department of Education Guidance ‘Use of Reasonable Force’.
Reporting and recording guidance is also included.
This policy is intended to clarify how those standards are to be met by the School. It will be
reviewed annually to ensure that it complies with current legislation.
A. What is physical restraint?
Restraint occurs whenever a member of staff, using intentional force, physically restricts a child’s
movement against his or her will.
Physical restraint does not include the use of gentle physical prompting or guidance where the child
is happy to comply and the aim is to assist him or her to participate appropriately in activities.
There are other situations where physical contact may be necessary e.g. demonstrating exercises in
PE lessons; administering first aid; or offering comfort to a distressed pupil. This does not constitute
restraint but staff should be conscious of pupil perceptions and recognise that for some pupils touching
may be unwelcome and misinterpreted despite good intentions.
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It is a procedure for dealing with an unsafe or crisis situation.
It must not be used as a form of punishment and must not be used when a less severe response
might have effectively resolved the situation.
Deliberate use of physical contact to punish a pupil, cause pain or injury or humiliation is
unlawful, regardless of the severity of the pupil’s behaviour or the degree of provocation.
Parents should have access to the School’s policy on behaviour, discipline and restraint
procedures so that they are fully aware of the actions that may be taken if their child is involved
in an incident.
B. Types of Restraint
Partial Restraint covers a wide range of techniques which can be applied in degrees to meet particular
circumstances. It may involve:
a. Physically moving a pupil from a situation where there is an imminent risk of a violent
incident and where the pupil has refused to respond to a reasonable verbal request.
b. Holding pupils to restrict their movements.
c. Retaining a pupil in a confined area in order to prevent individuals or property being
damaged. (It is illegal to lock a pupil in a room or cupboard which they cannot leave of
their own volition).
Total Restraint is where pupils are held in such a way which prevents them from moving. This could
mean a pupil being held on the floor. This is an extreme form of restraint and would be used only when
an assault was being thought a serious risk to others.
Staff should be aware that for some pupils the use of physical restraint may act negatively as
reinforcement for their aggressive behaviour.
C.
The use of physical restraint
Physical force must never be used as a punishment. On rare occasions, physical restraint of a boy may
be necessary: to prevent injury to himself or others; to prevent serious damage to property; or to prevent
disruption to important activities. In such circumstances, any member of staff may physically restrain a
boy, but the force used must be reasonable, and applied for the minimum necessary time. In determining
what is reasonable, any disability or SEN must be considered.
D.
Reporting use of physical restraint
Where restraint has been required, the don/s involved must immediately inform the Headmaster, or in
his absence the Second Master. The don must also record the details of the incident in writing as soon
as possible after the incident and forward these to the Headmaster. The report form at the end of this
document may be used if desired. The Headmaster will determine how the incident is recorded and
whether it should be reported to parents.
RESTRAINT – INCIDENT REPORT FORM 1. Basic information
Name of Pupil:
DOB:
Yr:
House:
2. Events leading to this incident
2.1 Where did the incident occur?
2.2 When did the incident occur? Time:
2.3
How
did
Day/Date:
the
incident
3. Describe the incident
3.1 What was happening at the time?
3.2 Was anyone else involved?
3.3 Did anyone else see what happened? (give details)
3.4 What behaviour was the pupil presenting that warranted restraint?
3.5 Was there damage to property or an assault on a pupil or staff during the incident?
begin?
3.6 What did you do to try to defuse the situation before using restraint?
3.7 (i) How was the pupil restrained? (describe)
e.g. two people escort; one person wrap; supine control
(ii) For how long?
(iii) By
how
many
staff
members?
4. Injuries sustained
4.1 Was anyone injured? YES / NO
If yes, give details
4.2 Was this recorded in the accident book? YES / NO
4.3 Was the pupil checked for injuries by a member of staff who was not involved in the incident?
YES / NO
If yes, by whom?
5. Follow up Action
6.1 The incident was reported by to the Head Master by:
Incident form completed by:
Date:
Post held:
Copies to the DSL, House Master and the Head Master
E. Telling parents when force has been used on their child
The College will speak to parents about serious incidents involving the use of force and discuss
how best to record such serious incidents. In deciding what is a serious incident, the College
will consider the:
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pupil’s behaviour and level of risk presented at the time of the incident;
degree of force used;
effect on the pupil or member of staff; and
the child’s age.
F. What happens if a pupil complains when force is used on them?
All complaints about the use of force should be thoroughly, speedily and appropriately
investigated.
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Where a member of staff has acted within the law – that is, they have used reasonable
force in order to prevent injury, damage to property or disorder – this will provide a
defence to any criminal prosecution or other civil or public law action.
When a complaint is made the onus is on the person making the complaint to prove that
his/her allegations are true – it is not for the member of staff to show that he/she has
acted reasonably.
Suspension must not be an automatic response when a member of staff has been accused
of using excessive force. The College should refer to the “Dealing with Allegations of
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Abuse against Teachers and Other Staff” guidance1 where an allegation of using
excessive force is made against a teacher. This guidance makes clear that a person must
not be suspended automatically, or without careful thought.
Schools must consider carefully whether the circumstances of the case warrant a person
being suspended until the allegation is resolved or whether alternative arrangements are
more appropriate.
If a decision is taken to suspend a teacher, the school should ensure that the teacher has
access to a named contact who can provide support.
Governing bodies should always consider whether a teacher has acted within the law
when reaching a decision on whether or not to take disciplinary action against the
teacher.
As employers, schools and local authorities have a duty of care towards their employees.
It is important that schools provide appropriate pastoral care to any member of staff who
is subject to a formal allegation following a use of force incident.
Part 4 of KCSIE September 2016, see Appendix 15 of the Child Protection and Safeguarding Policy located:
http://www.winchestercollege.org/child-protection