Guidance – use reasonable force

This guidance is a summary of the non-statutory advice from the Department of Education ‘Use of reasonable force – Advice for head teachers, staff and governing bodies’ 2012.

The Law

Reasonable force can be used to prevent children committing a crime, causing injury or damage or causing disruption. (2006 Education and Inspection Act)

What is reasonable force?

• Force is usually used either to control or restrain
• ‘Reasonable’ means using no more force than is needed
• Staff should always try to avoid acting in a way that might cause injury

When can reasonable force be used?

Reasonable force can be used to prevent a child:

• hurting themselves or others
• damaging property
• causing a disorder

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 be used:

• To prevent a child from leaving the premises where this would be a risk to their safety
• To prevent a child from attacking / hurting another child or a member of staff
• To restrain a child at risk of harming themselves through physical outbursts
• To prevent a pupil behaving in a way that disrupts a setting event or a trip or a visit

NB It is always unlawful to use force as a punishment. Force should not be used to enforce an adult’s expectation or direction.

Good Practice

• The focus should remain on continuing to care for the child rather than on controlling or managing the child’s behaviour
• Settings could have a clear Behaviour Management policy which is known by all staff and parents.
• The Behaviour Policy should set out the circumstances in which force might be used so staff are confident in managing an incident. The policy should acknowledge the legal duty to make reasonable adjustments for disabled children and children with special educational needs.
• Emphasis should be on managing an incident through non-physical / non- threatening strategies.
• Force must not be used in order to get a child to comply with an adult request.
• All staff must be clear about the guidance for the use of force.
• A set of strategies should be set out for an individual child through a behaviour care plan when this can be identified. These could include:
  • Calling additional support as required and ensuring a senior member of staff is informed.
  • Giving clear instructions to the child warning them of the consequences of continuing to put themselves or others in danger if developmentally appropriate
  • Keeping own temper under control
  • Using calm voice tone as required
  • Releasing a child from restraint as soon as safely possible. Release must always be carried out in a planned and controlled way. The child should be warned in advance.
  • Make it clear that you want to release them and explain to the child the circumstances in which they will be released.

Who may restrain?

In the case of an emergency or unforeseen event, the most appropriate adult should act in accordance with this guidance to ensure the safety of the child, others and property. Following an unforeseen event a risk assessment should be carried out and a plan put in place if deemed necessary.

In the case of on-going restraint being required an individual plan should be put in place which meets the setting policy requirements (see exemplar)

At all times there needs to be a written record of each incident.
Feedback should be given to parents/carers
The plan should be reviewed regularly

Restraint of a child with disabilities or special educational needs should depend on the circumstances of the case as well as information and understanding of the needs of the child concerned.

Consideration must be given as to what is developmentally appropriate for the child and how the child responds to different strategies and approaches.

What about other physical contact with pupils?

It is not illegal to touch a pupil. There are occasions when physical contact, other than reasonable force, with a pupil is proper. Examples of where touching a pupil might be proper or necessary:

• Holding the hand of a child at the front / back of a line when out for a walk
• When comforting a distressed child
• When a child is being congratulated or praised
• To give first aid