FINAL POLICY DRAFT: MAY 2010
BLACKPOOL COUNCIL
POLICY FOR SAFE PRACTICE
IN
RESTRICTIVE PHYSICAL INTERVENTION
BETWEEN
STAFF AND CHILDREN AND YOUNG PEOPLE
IN SCHOOLS, CHILDREN’S HOMES AND ALL COUNCIL
ESTABLISHMENTS AND SETTINGS FOR CHILDREN AND
YOUNG PEOPLE
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FINAL POLICY DRAFT: MAY 2010
Document Information
Issue Date
September 2010
Version/Issue Number
1
Effective From Date
20010
Scope of
Blackpool Council
Document
Objective
To provide guidance to all staff who are employed by
Blackpool Council and who might have occasion to
physically intervene in situations that could compromise the
safety and well being of children and young people.
Responsibility
Executive Director, Children, Adult and Family Services
Documentation
Blackpool Children and Young People Plan
Document Status
DRAFT
Draft/Final
Document
Sponsor
Author
Review Date
Officer
Responsible

Approved by/
Unapproved &
Date
Name
Job Title
Division
Name
Job Title
Team
Contact Tel:
Kathryn Boulton
Head of Learning
Learning & Schools
Kathryn Boulton
Head of Learning
01253 476681
Name
Kathryn Boulton
Job Title
Team
Contact Tel:
Head of Learning
01253 476681
For the purposes of this document, children is intended to always refer to children and
young people
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FINAL POLICY DRAFT: MAY 2010
FOREWORD
This draft policy has been developed in order to provide guidance to all staff who
are employed by Blackpool Council and who might have occasion to physically
intervene in situations that could compromise the safety and well being of children
and young people.
The policy is intended to support and assist all Local Authority establishments and
settings to:

review
current policies and procedures regarding restrictive physical
intervention in order to ensure that everyone, including parents / carers, are
clear
about their respective roles, duties and responsibilities;

put in place effective management systems to help guide and support
council employees;

put in place reporting and monitoring systems to ensure that in all
establishments and settings that restrictive physical interventions are
handled responsibly and safely;

ensure that all staff  who may be required to physically intervene in situations
with children, have access to appropriate training and are clear about what to
do and how to respond safely.

For the purposes of this document, children is intended to always refer to children and
young people
The term ‘staff’ is used to apply to any Council employee who in the normal course
of their duties may be called upon to physically intervene in a situation with a child. The
term ‘staff’ is also used to apply to Council approved Foster Carers and Volunteers.
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FINAL POLICY DRAFT: MAY 2010
CONTENTS
Page
1. Policy Statement
4
1.1 Purpose
4
1.2 Definitions
4
1.3 Values
6
1.4 Ethos
7
1.5 Principles
8
1.6 Key practice Points
8
1.7Post Incident Support and Management
11
1.8 Reporting and Recording
12
1.9 Management and Evaluation
13
1.10 Complaints
14
1.11 Staff Training and Development Strategy
15
2. Guidance:
The Legal, Council and Departmental Context
15
Legal Terminology
15
Legislation for Duty of Care
16
Legislation for Use of Restrictive Physical Interventions
17
3. Appendix 1: Staff Conduct When Using Restrictive Physical
Interventions
19
4. Appendix 2: Dos and Don’ts in Situations when using
Restrictive Physical Interventions
19
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FINAL POLICY DRAFT: MAY 2010
1.
Policy Statement
1.1
Purpose
1.1.1
This policy applies to all Blackpool Council Children and Young People’s
establishments or settings. It provides a supporting framework to inform the
development of good practice guidance in different settings for different
professional groups to promote positive behaviour and manage challenging
behaviour presented by children. This includes schools, early years' settings,
children’s homes, fostering placements, pupil referral units and other youth
settings and centres. It is intended to result in the minimal use of restrictive
physical intervention in all settings and to establish the use of restrictive
physical intervention as a choice of last resort after all other preventative
strategies have been attempted as appropriate.
1.1.2
Blackpool Local Authority (LA) is committed to protecting the health, welfare
and safety of all staff in carrying out their duties and responsibilities. This
policy aims to:
i.
Raise awareness of challenging behaviour and good practice
interventions to manage challenging behaviour.
ii.
Promote working environments where the management of challenging
behaviour is less likely to result in the use of restrictive physical
interventions (see Ethos).
iii.
Clarify for staff and all other parties the legislative framework applying to
different professional groups of staff.
iv.
Ensure that all staff, in the context of undertaking their duties and
managing challenging behaviour, are fully aware of their duties of care
and are provided with a practice framework that enables them to ensure
that their actions will be defendable in law.
1.2
Definitions
1.2.1 Although labelling other people's behaviour can have a negative effect on
their social and personal value, labels can sometimes help services to plan
appropriate support. Often staff will describe an individual's behaviour as
challenging because the impact of their behaviour often limits their life
experiences or places them or others at risk of harm. There have been a
number of definitions, but the one that is more widely accepted is that by
Banks et al (2007)
'behaviour of such intensity, frequency or duration as to threaten the quality
of life and/or the physical safety of the individual or others; and is likely to
lead to responses that are restrictive, aversive or result in exclusion'.
1.2.2
Behaviour such as physical and verbal aggression, self-injury or which
result in damage to property is commonly, but not exclusively, associated
with the term “challenging behaviour”. To describe someone as presenting
with challenging behaviour depends on the situation the person displaying
the behaviour finds themselves in; also the perception of those observing or
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FINAL POLICY DRAFT: MAY 2010
trying to manage the behaviour and the impact of the behaviour. Behaviours
that may severely impair a person’s ability to interact with others, and limit
community activity, will not be described as challenging if they do not
challenge others apart from themselves.
1.2.3
Understanding behaviour provides the basis for deciding on the most
effective ways of supporting the person (including changing our behaviour)
and may help us support the person to improve their lifestyle. Even if we
can do little to support the person to change their behaviour, the knowledge
of why the behaviour occurs can often help those working or living with the
person feel reassured that they are doing as much as possible. Knowledge
allows those involved to consider ways of altering or improving the current
situation, or simply help to identify and avoid certain situations that give rise
to the behaviour.
1.2.4
There is the temptation that staff will try to find the ‘cause’ and thereby
implement a ‘solution’. However, this is unlikely as the nature of people and
their behaviour is so complex with many factors contributing (physiological,
social, environmental and psychological). However, it is possible to
discover enough to help us work more effectively, safely and supportively
with the person.
1.2.5
A child may be believed to be carrying a knife or weapon or indicate their
preparedness to use any implement as a weapon against themselves or
others, A weapon can be described as any implement that has the potential
to cause harm when not used for the purpose for which it was designed and
intended to be used- Screening and searching of pupils for weapons:
guidance for school staff Department for Education and Skills, 2007.
1.2.6
Restrictive Physical Interventions can be described in different ways. This
policy is working towards the following:
i.
The BILD 2006: Good Practice in Physical Interventions: A Guide
for Staff and Managers)
”any form of restrictive intervention, be it a physical, mechanical,
chemical environmental or social/psychological intervention, which is
designed and used (intentionally or unintentionally) to limit or restrict
another persons liberty”.
ii.
Department of Health Guidance on permissible forms of control in
children’s Residential Care, 1993 Paragraph 5.2),
”Physical restraint is the positive application of force with the
intention
of overpowering the child. That is, in order to protect the child from
harming himself or others or seriously damaging property”.
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1.3
Values for working with children presenting challenging behaviour
1.3.1
Challenging behaviour is neither a new phenomenon nor restricted to a
small minority of children and young people. It is a developmental rite of
passage that impacts on individuals at different times and with differing
levels of intensity. Testing boundaries should therefore be viewed as a
natural part of overall development and responded to accordingly.
1.3.2
Every child needs security, achieved through stable and caring relationships
and a dependable and predictable environment in order to develop selfdiscipline and control. Many children have this benefit from the support of
those people close to them, family, friends, and professionals who work with
them
1.3.3
Some children have less favourable experiences and as a result may
challenge those around them, at times demonstrating behaviours that are
unacceptable and, in some cases, harmful. Some children may have
diagnosed conditions, such as autistic spectrum disorders, that may predispose them towards challenging behaviour. A number of reasons have
been suggested for the cause of challenging behaviour, ranging from
cognitive and behavioural causes to biological and environmental causes.
It is important to remember that all human behaviour is very complex and is
likely to have developed because of a number of different factors.
Behaviour involves a complex process of actions and experiences which
precede, interact and following another, all influenced by and dependent on
some kind of internal, external or combined event.
1.3.4
It is not the intention of this policy to outline in detail, every possible cause
for all possible behaviour. However, staff can be effective in helping to
overcome challenging behaviour if they consider some of the main
causative factors and should be aware of individual circumstances and
understand the implications for behaviour.
1.3.5
Staff working with children need to have clear guidance, information and
training available to them in order to adopt best practice in developing
appropriate behaviour management procedures and strategies; and to
enable them to feel confident in those situations that demand the use of
physical intervention.
1.3.6
All individuals working within maintained schools and other Local Authority
establishments have the right to live, learn and work in a safe environment.
They have the right to be protected from harm, violence, assault and acts of
verbal abuse. All people have the right to be treated with respect, care and
dignity, especially when they are behaving in ways that may be harmful to
themselves or others and, as a result, require physical interventions from
staff. It is intended that this policy will assist staff to act appropriately in a
safe manner, so ensuring effective responses in different situations.
1.3.7
Restrictive physical interventions should be used in a way that is sensitive
to, and respectful of, the cultural expectations of children and their attitudes
towards physical contact.
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1.4
1.4.1
Principles
This policy is based on a set of principles that provides a foundation on which
to develop appropriate strategies for physical interventions and builds on
policy and practice for promoting positive behaviour. These are as follows:
i. The policy has been comprehensively developed and consulted upon
(especially including the involvement of children).
ii. The behaviour management policy in all establishments promote positive
behaviour and the principle of inclusion.
iii. Staff are aware of the policy and any other policies relating to behaviour
management and are competent to work with children who may present
challenging behaviour. An understanding of the policy enables staff to act
appropriately and in good faith in exercising their duty of care to the child,
(i.e. their actions are defendable). In some circumstances specific
training may be required.
iv. Staff and children are supported through the process of restrictive
physical intervention with systems in place for mediating and restoring
and rebuilding relationships between child and staff member(s).
v. Risks are foreseen, clearly assessed and management plans have been
developed with the child and the child’s parent(s) and or carer(s). Thus,
the possible use of restrictive physical interventions as a last resort has
been communicated.
vi. Restrictive physical interventions will be designed to achieve outcomes
that reflect the best interests of the child whose behaviour is of immediate
concern and others affected by the behaviour requiring intervention.
vii. The use of restrictive physical intervention should, wherever possible, be
avoided and on those occasions when appropriate, it must be used in
ways that maintain the safety and dignity of all concerned.
viii. Any restrictive physical intervention will only employ the minimum amount
of force needed to avert injury, damage to property or (in schools) to
prevent the breakdown of discipline and applied for the shortest period of
time. At no time will physical contact be used deliberately, intended to
punish, or which is primarily intended to cause pain, injury or humiliation.
ix. The prosecution and criminalisation of children presenting challenging
behaviour should be minimised and normally take place only after all
reasonable steps have been taken to support the child to regain control
and take responsibility or the extent of the behaviour is presenting a
serious threat to the safety and well-being of others.
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1.5
Ethos
1.5.1
It is unlikely that staff will reach the point where they feel comfortable with
using restrictive physical interventions on children. This is healthy. A culture
where the use of physical intervention is seen as ‘no big deal’ is much more
worrying than one where staff are concerned by its use and want to discuss
what happened. Staff, are always in a privileged position and the use of
‘force’ must always be taken seriously and be open to question and informed
by a risk assessment approach in line with Council and departmental
procedures.
1.5.2
The openness of an establishment’s monitoring and evaluation of incidents of
restrictive physical intervention indicates a commitment to keeping children
and adults safe and ensuring that best practice principles are employed. It is
not intended to be a means of pinning blame on people.
1.5.3
The ethos of the establishment is vital to the way in which young people
perceive themselves as part of the community. It determines the extent to
which they are able to identify with the community and develop a sense of
belonging. As a result it will impact on all aspects of behaviour. The ethos
also determines the extent to which staff feel safe and supported in carrying
out their duties.
1.5.4
A positive, reward based rather than a punishment-orientated ethos is more
likely to bring about desired behaviour, demonstrating that every child is
valued equally with equal access to all services available. This should be
clearly laid out in a Behaviour Policy. Similarly the use of any form of force as
punishment, as well as being unlawful, is unlikely to induce positive attitudes
and behaviour. Staff should develop relationships with children based on
mutual trust and respect, providing a firm foundation for communicating
expectations on individual targets as well as managing all behaviours.
1.5.5
All staff should be supported in adopting a positive approach to behaviour in
order to build self-esteem and they should work in partnership others who
know the child well to:




understand why he or she behaves in a particular way;
promote autonomous self-regulation;
understand the factors that influence the behaviour;
identify early warning signs that indicate negative behaviours are
developing.
1.5.6
This approach will help to ensure that early and preventative intervention is
part of the established culture. It should reduce the incidence of extreme
behaviours and make sure that the use of physical intervention is rare.
Behaviour management strategies should include diversion, de-escalation
and negotiation to respond to difficult situations.
1.6
Key Practice points for Staff using Restrictive Physical Intervention
1.6.1
It is important that all staff are aware of this policy and how to ensure that
actions are justified, reasonable and defendable under this policy when
exercising their duty of care. This is to ensure that the use of restrictive
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physical intervention does not contravene the law or rights of the child,
leaving individual members of staff open to criminal prosecution, civil law
proceedings or proceedings under the Council’s Allegations Procedures or
Disciplinary Code.
1.6.2
Staff should also be aware that restrictive interventions are only a small part
of the management of an individual who presents challenging, aggressive or
violent behaviour. The main principal is that all possible responses to
challenging behaviour should be considered. Where restrictive interventions
are used, they should be applied using the 'least restrictive and detrimental
option', in other words:
'the least restrictive and detrimental intervention is used for the shortest
period of time necessary to manage an incident or person'.
1.6.3
This policy cannot offer a comprehensive interpretation of the law in this
respect but key references can be found in Section 2. Appendix 1 and 2 offer
Advice on Staff Conduct When Using Positive Interventions and Dos and
Don’ts in Restorative Practice Situations.
1.6.4
It is appropriate to use restrictive interventions in the following situations:



If a person is engaging in behaviour which is (or is likely to) cause injury
or harm to self or others – this may include significant damage to
property
If a person is committing or about to commit an offence
If a person engages in behaviour which is significantly disruptive to good
order or discipline
1.6.5
From a legal perspective it is clear, that staff may use reasonable force
necessary in the circumstances (e.g. Criminal Law Act 1967, Section 550A
Education Act 1996, Education and Inspections Act 2006) to manage
aggressive or violent behaviour, regardless of consent issues. In any
situation, staff must be able to demonstrate ‘substituted judgement’
whereby the use of any physical intervention is necessary to prevent harm
and is in the best interest of the child. In some situations the use of physical
interventions may represent the ‘least adverse outcome’; in other words the
risks of using physical interventions are less than not using such
approaches.
1.6.6
Duty of Care requires reasonable measures to be taken to prevent harm to
children. In some circumstances it may be appropriate to employ certain
kinds of physical intervention to prevent a significant risk of harm. For
example preventing a child running into a busy road, self-injuring, injuring
another person or causing serious damage to property.
Wherever
practicable, managers should not require staff to work in isolated situations
with children whose behaviour is such that the likelihood of confrontation is
increased. All staff have a responsibility for the safety of themselves, their
colleagues, and children.
1.6.7
Any restrictive intervention must be reasonable in the circumstances, using
the least restrictive option, i.e. the minimum amount of force for the
minimum amount of time necessary to manage the incident safely.
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1.6.8
With regard to the level of restriction applied, any intervention should match
the level of risk and behaviour displayed by the individual. Interventions
should be used in a ‘hierarchical’ manner, starting at a low level restriction
working up to a higher level of restriction as the individual’s behaviour, and
the risks of injury, escalates. Once the risk of harm has dissipated, any
restriction must reduce until such time that the intervention can end.
1.6.9
It is not a requirement that a child has to return to a point of calm before
physical intervention can cease. Using a risk analysis approach, staff should
continually assess the risks associated with continuing any application of
restriction against the risks of ending the intervention. In so doing, it may be
reasonable to remove any physical restriction whilst a child remains angry or
agitated where the risks can be managed by non-restrictive means.
Continuing to hold a child until they reach a point of calm may in fact lengthen
the period of time the child is held to an unreasonable level or agitate the
child and therefore prevent the child from regaining self control.
1.6.10 Any form of restrictive intervention involves a degree of risk. However, it is
essential that all staff discharge their duty of care in that no action or omission
on their behalf knowingly or negligently causes harm to others, and that so far
as reasonably practicable, the safety of everyone involved is maintained.
Where injury does occur, it is important that appropriate medical attention is
sought immediately and that the nature and cause of the injury is clearly
documented.
1.6.11 From a risk perspective staff should endeavour to minimise adverse
outcomes and injuries. As such any injuries sustained as a result of restrictive
interventions do not mean that staff have been negligent or have ill treated or
abused a child. In reviewing incidents it is important the whole context of the
event is considered as the level of injury may be commensurate with the
activity undertaken and represent a lesser adverse outcome than if the
intervention had not been carried out.
1.6.12 Careful consideration needs to be given to the use of restrictive physical
interventions when a child is using objects or materials as a weapon and/or
are believed to be (where staff have reasonable suspicion) carrying a knife or
other weapon. (Powers to search for schools are detailed in Section 2 –
2.16). Staff should always make visual checks for anything a child may be
holding that has the potential to cause harm prior to making a physical
intervention.
1.6.13 If a child uses a weapon in an attempt to harm themselves or others, the
organisation recognises that staff have a legal right and responsibility to use
reasonable force to protect themselves and others. In some situations, a
child may use implements (such as broken glass or tin) to cut and harm
themselves. Staff must be aware of the risks of injury and cross infection if
attempting to remove such objects and, unless equipped with the appropriate
safety gloves and specific training, should avoid any attempt to pull or prize
the implement from the individual’s hand.
1.6.14 Since the nature of aggression and violence can be so unpredictable, there is
a risk of contamination from body fluids because of injury. These risks may
be as a result of biting, scratching, self-harm such as head banging where
damage has caused bleeding, as well as cuts/lacerations. As such, all staff
should be familiar with the guidance on Infection Control contained in the
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Premises, Health and Safety Guidance Handbooks. In order to minimise
risks staff should routinely check themselves for any skin lesions and where
necessary ensure that an appropriate adhesive cover is applied to minimise
the equal risk to the child if they have open cuts or wounds. Staff should be
aware of any jewellery or accessories that could cause harm/bleeding and
take reasonable steps to avoid potential injury where restrictive physical
intervention may be required.
1.7
Post Incident Support and Management
1.7.1
All those parties involved in, or affected by, an incident involving the use of
restrictive physical intervention should be debriefed about the incident. This
allows children, staff and any others involved to tell their account of the
incident and to share their feelings with a person, not directly involved in the
incident, in a safe environment. The record of the debriefing will be used by
an authorised person to review the incident to ensure that relevant people are
supported and enabled to reflect on the situation and any actions required as
a result are carried out.
1.7.2
Following an incident it is important to ensure that all parties are checked for
any injury and given first aid treatment and if necessary medical treatment.
The first priority is for any first aid or health issues to be addressed and to
ensure the child and staff member(s) have access to a calming environment.
The incident must be recorded and reported according to procedures and
except in cases where emergency medical treatment is required; the
recording must be completed before leaving the workplace. If the staff
member or other adult is distressed, a third party should write down the staff
member’s statement of events.
1.7.3
Both staff and children should be given separate opportunities to talk about
what happened in a calm and safe environment. This should not only be
applied when an adverse outcome has occurred, it needs to follow all events.
1.7.4
The child may need to be accompanied by a supportive adult such as a
parent. Careful consideration should be given to the timing of this meeting but
it should happen relatively quickly following the incident. The purpose of this
discussion is to reflect with the child on the process of events leading to the
use of the physical intervention and to allow the exploration of alternative
strategies where appropriate. The child may also need emotional support.
The person offering this should preferably not have had any involvement in
the incident but who knows the child reasonably well, has a working
relationship with the child and who this child will perceive as holding some
authority and as being fair. This discussion should not address any
disciplinary matters that may have contributed to the incident and this should
be made explicit. These should be dealt with separately. The content of the
discussion should be recorded, jointly agreed and signed by the interviewer,
the child and the child’s representative.
1.7.5
The child’s parents/carers should be informed of the incident at the earliest
opportunity and be invited to support their child.
1.7.6
As soon as is practicable after the event staff should be debriefed about the
incident. The debriefing's purpose is to provide an opportunity to discuss the
process of the incident, the feelings evoked by the experience and
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subsequent reaction to the incident and to reflect on practice. The meeting is
intended to be supportive and contribute to staff coming to terms with the
experience and also to consider any issues that may contribute to any future
planning for the child involved.
1.7.7
If an incident of restrictive positive handling results in a complaint it is
essential that the members of staff involved are properly supported along with
any witnesses. The investigation of a complaint should be separate from the
support provided to staff and witnesses involved.
1.7.8
If an incident occurs whilst working in a community setting, staff should
ensure that any members of the public witnessing the incident are reassured
and are given a contact number for the establishment so that they may make
any comment and address any concerns.
1.8
Reporting and Recording
1.8.1
There is a clear distinction between reporting and recording.
1.8.2
Reporting. Following any use of restrictive physical intervention the incident
must be reported immediately by the person responsible for the intervention
to their on-site line manager. Other people that will need to receive a report
of the incident;
i.
ii.
iii.
iv.
v.
vi.
1.8.3
those people who hold parental responsibility for the child;
the carers of the child (may be the same as for i);
senior managers of the establishment;
those responsible for the safe operation of the establishment, e.g.
school governors;
in cases where there is any adverse outcome from the event
(complaints and injuries to children, staff or others) or there has been
the possibility of injury (near miss), the Occupational Health and Safety
Unit require the appropriate documentation in line with departmental
accident reporting and RIDDOR procedures.
the Local Authority designated Officer (LADO) and the Senior QA
Officer (Allegations)
As based on the Children’s Homes Regulations 2001, it will be the
responsibility of the manager of a children’s home to ensure that within 24
hours of the use of any form of physical restrictive intervention a written
record is made and retained by the establishment that shall include:
i.
ii.
iii.
iv.
v.
vi.
the name of the child concerned;
details of the child’s behaviour leading to the use of the measure
a description of the measure used;
the date, time and location of, the use of the measure and the duration
of the restraint;
the name of the person using the measure and any other person
present;
the effectiveness and any consequences of the use of the measure;
the signature of a person authorised by the registered provider to make
the record.
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1.8.4
Recording. It is important that all establishments follow best practice
guidance in respect of recording and in monitoring restrictive physical
interventions and are able to fully contribute to monitoring by the LA.
Following the use of any restrictive physical intervention a full record of the
incident should be completed as soon as possible and within 24 hours of the
incident ( example of a pro-forma in Appendix 3)
1.8.5
In order to comply with regulatory requirements, incident forms should be
individually numbered and bound within an incident book which should be
stored in a secure location. A copy of each incident form should be retained
within the incident book, with a further copy entered into the child’s personal
records
1.8.6
Each establishment or setting will produce and submit a termly report to the
LA including a nil return that identifies:
- the number of restrictive physical interventions
- the number of children involved
- the number of staff members involved
- the number of injuries requiring medical treatment or time off work
- the number of complaints or allegations received
1.8.7
Regular reporting will enable the LA to monitor trends and patterns over time
and identify any specific training or support interventions that may be
required.
1.9
Management and Evaluation
1.9.1
This Policy aims to be consistent with Blackpool Council’s overall approach to
equality and diversity as set out in their comprehensive equality policy – “All
Different, All Equal”. This means it will be impact assessed and involve the
consultation of children in its development. It also takes into account
Blackpool’s Local Area Agreement and the priorities of the Children and
young People’s Plan.
1.9.2
All establishments and settings must draft and implement specific guidance to
staff consistent with this policy and guidance. An authorised and designated
person, governing body or management group, must oversee the
implementation of this policy and subsequent specific guidance. Managers
must ensure that all employees understand their obligations and liabilities in
using restrictive physical intervention to ensure that their actions are
defendable.
1.9.3
It is essential that managers, who are responsible for services to children,
monitor incidents of restrictive physical intervention to ensure that children are
protected from any risk of abuse through the improper use of force by staff.
(Also see Guidance).
1.9.4
Managers responsible for establishments must undertake an assessment of
the safety and effectiveness of the use of restrictive physical intervention, as
part of the incident report, after each episode and evaluate data on an annual
basis to consider any emerging patterns of such interventions relating to
individual children, combinations of children, staff members and/or specific
times and/or locations.
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1.9.5
This policy will be evaluated specifically against the following objectives and
know it is successful when there is:
i.
ii.
iii.
iv.
v.
1.9.6
To achieve this all establishments and settings should have well thought out
policy and procedural guidance sufficient and adequate to ensure that:
i.
ii.
iii.
iv.
v.
1.10
a reduction in the use of restrictive physical intervention as indicated by
reporting levels;
a reduction in the number of exclusions of children from school;
a reduction in the amount of staff time lost due to involvement in
restrictive physical interventions;
improved levels of parental and children’s satisfaction in services
offered;
a reduction in the number of complaints or allegations attributable to
restrictive physical intervention not being resolved at an early stage.
health and safety at work is maintained
duty of care is being fulfilled
the approach is legal
the approach is consistent with the LA policy
the approach is consistent with best practice guidance.
Complaints and Allegations
1.10.1 Managers must adopt a pro-active approach to complaints and allegations to
prevent situations escalating. In all instances of a child, parent or other
person wishing to make a complaint or allegation the establishment’s policy in
line with the Council’s Complaints and Allegations procedure should be
followed.
1.10.2 Restrictive physical interventions can be of significant concern to different
parties. Complaints or allegations about the use of restrictive physical
interventions may come from the child subject to the intervention, the family,
the staff involved, (depending on the nature of the incident, subsequent
follow-up, degree of support, adequacy of training etc.), others regarding the
nature (or lack of) post-incident debriefing of staff and children
directly/indirectly involved.
1.10.3 There will be less likelihood of complaints or allegations of this nature if an
understanding of practice has been developed, the policy on intervention is
clear and that those involved are fully aware of the policy prior to engaging in
restrictive physical interventions. Where there are complaints the outcome
may depend on demonstrating that the principles, as outlined in 1.13, have
been followed.
1.10.4 In some cases, staff or others may feel that a restrictive physical intervention
has not been appropriate but also feel unable to make representations by the
usual routes. In such cases, the LA will respond to its Disciplinary Code on
‘Whistle-blowing”, where the observer of an incident feels that:


the use of restrictive physical intervention was inappropriate (considering
the risk involved);
it was used inappropriately (considering the concept of reasonable force),
or
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
1.11
the motives of the staff using restrictive physical intervention could be
open to question.
Staff Training and Development Strategy
1.11.1 It is the purpose of this policy to provide a background of common values and
principles and a framework for good practice to ensure that managers and all
employees understand their obligations to use positive behaviour
management and restrictive interventions in an appropriate manner.
1.11.2 A training programme and strategy will be put in place to meet these
requirements that addresses the different levels of training needed. Briefing
sessions for service managers, Head Teachers, Governors, Union staff and
other key staff will outline the legal framework, the policy and the best
practice principles and guidance.
1.11.3 Regular courses for staff who require additional training will be provided that
combines positive behaviour management and physical intervention
techniques.
1.11.4 Training providers approved by the LA, will be accredited by the British
Institute of Learning Disabilities (BILD), to comply with, DOH/DfES joint
guidance 2002. This is to ensure that over time the LA can be assured that
staff are managing challenging behaviour and where necessary engaging in
restrictive physical interventions from a common framework and with a
common set of practice ‘tools’.
2
Guidance: The Legal, Council and Departmental Context
Legal Terminology
2.1
Staff could find themselves the subject of either civil or criminal proceedings if
they do not follow policy and procedures correctly. Currently the law views
the use of physical intervention as a trespass against a person on the basis of
assault and battery or false imprisonment.
2.2
An “assault” takes place when a person is in reasonable fear of the use of
force. No physical contact is necessary for an assault to have been deemed
to have taken place. “Battery” takes place where the direct and intentional
use of force is used on another without legal justification. The above are
contrary to section 38 of the Offences Against the Person Act 1861. or
contrary to section 39 of the Criminal Justice Act 1988.
“False
imprisonment” occurs when a person is either compelled to move or
prevented from moving without lawful justification. It is a common law offence
involving the unlawful and intentional or reckless detention of the victim.
2.3
Whilst assault and battery and false imprisonment can be seen as a trespass
against the person, the use of physical intervention (including restraint) can
be lawful where the circumstances allow for ‘reasonable defence’.
2.4
Reasonable defence would include Necessity, in certain circumstances,
such as the prevention of significant harm to the individual, others or property,
a duty of care may mean touching a person without their consent. This may
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extend to the use of reasonable force in Self Defence or the Prevention of
Crime.
2.5
The basic principles of self defence and the prevention of crime are set out in;
(Palmer v R [1971] A.c814; see also (Archbold 19-41 & 19-39);
“It is good law and good sense that a man who is attacked may defend
himself. It is both good law and good sense that he may do, but only
do, what is reasonably necessary.”
‘ A person may use such force as is reasonable in the circumstances in
the prevention of crime, or in effecting or assisting in the lawful arrest of
offenders or suspected offenders or of persons unlawfully at large.”
2.6
Self-Defence can be used to prevent the unlawful use of force, to rescue
another from attack, or to escape from unlawful detention. However staff are
seen to be in a privileged position and are expected to anticipate and plan for
events, and to retreat at the earliest possibility.
2.7
There is no legal definition of ‘reasonable force’ hence it is not possible to
clearly set out when it is reasonable to use force, or the degree of force that
may be reasonably used. Reasonable force can be used in the prevention of a
crime, or the prevention of a breach of the peace. The physical intervention
must be relative to the actual or perceived harm and must cease as soon as
possible. However, the summary of Circular 10/98 (Dept of Education and
Employment Circular) gives some guidance and there are two relevant
considerations.
‘The use of force can be regarded as reasonable only if the
circumstances or 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 the use of physical force could not
be justified to prevent a child from committing a trivial misdemeanour or
in a situation that could clearly be resolved without the use of force’.
i.
ii.
2.8
‘The degree of force employed must 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 should always be
the minimum needed to achieve the desired result over the shortest
possible time. The reasonable use of force, and the degree of force that
should reasonably be employed, might also depend on the age,
understanding and intent and potential impact of the child’.
Staff must be aware of specific legislative, governmental and council /
departmental guidance when deciding whether physical intervention is
appropriate. The following is a key selection but is not exhaustive and
managers need to be cognisant of developments to ensure that staff practice
is up to date.
Legislation for Duty of Care
2.9
United Nations Convention on the Rights of the Child
The following articles are of particular relevance:

Article 3 - All organisations concerned with children should work towards
what is best for each child.
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


Article 12 - Children have the right to say what they think should happen
when adults are making decisions that affect them and to have their
opinions taken into account.
Article 28 - Discipline in schools should respect children’s human dignity.
Article 39 - Children who have been neglected or abused should receive
special help to restore their self-respect.
2.10
Children and Young Persons Act, 1993
The responsibility to ensure that children in the care of staff employed by the
local Authority are not neglected or exposed to the risk of unnecessary
suffering or injury to health.
2.11
Children Act 1989, 22 (3)
Places a duty of care on all local authorities and governing bodies of schools
to consider pupils’ needs as a priority in all their dealings with children and
young people and their families and to safeguard and promote the child’s
welfare.
2.12
Blackpool Children and Young People’s Plan / Local Area Agreement
Cognisance needs to taken of these priorities with particular attention to
ensuring that children and young people are cared for in secure and stable
homes and environments
Legislation for Use of Restrictive Physical Interventions
2.13
Education and Inspections Act 2006 (section 93)
A person 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.
This applies to a person who is, in relation to a pupil, a member of the staff of
any school at which education is provided for the pupil and may be exercised
only where the member of the staff and the pupil are on the premises of the
school in question or they are elsewhere and the member of the staff has
lawful control or charge of the pupil concerned. It does not authorise anything
to be done in relation to a pupil which constitutes the giving of corporal
punishment within the meaning of section 548 of the Education Act 1996.
2.14
Apprenticeships, Skills and Children and Learning Act 2009 (Section
246)
Governing bodies must ensure that a procedure is in place for recording each
significant incident in which a member of staff uses force in a pupil; and
reporting each such incident to each parent of the pupil as soon as is
praticable after the incident.
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2.15
Screening and Searching of Pupils for Weapons: Guidance for School
Staff - Department for Education and Skills, 2007
This advises schools in England on the power to screen pupils for weapons
without suspicion and includes the statutory power, under the Violent Crime
Reduction Act 2006, for head teachers, and staff they authorise, to search
pupils without consent, when they have reasonable grounds for suspecting
that a pupil has a knife or other weapon. They can search a pupil on school
premises or anywhere else where pupils are under the charge of the member
of staff conducting the search, such as during an off-site educational visit.
When school staff decide to conduct a search under this power, they must
comply with conditions specified in the statutory power. A school has power,
without any new legislation, to require pupils to undergo screening, when the
school does not have reasonable grounds for suspicion.
It is not a duty for schools to use these powers and as with other situations it
is advised to avoid physically intervening if possible. Pro-active engagement
with the young person should be employed to place the weapon in the safe
care of the Head Teacher and where this fails the police can be called to
manage the situation.
2.16
Children Act 2004, Section 58.
This removes the defence around reasonable chastisement.
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APPENDIX 1: Staff conduct when using Restrictive Physical Interventions
Key tips for staff include:

Avoid threatening body postures (such as standing in front or above
the person) and what may be perceived as threatening gestures
(such as pointing or waving, arms folded across the body)

Avoid threatening facial expressions

Avoid shouting, raising your voice or giving orders

Avoid forcing compliance

Avoid forceful and unnecessary physical contact

Avoid making people wait

Avoid humour (unless you know the person very well and have
identified that this is a good distracter for the individual) since this
can imply that you do not find the person’s feelings important

Try to use neutral body language and postures. Approach from the
side and try to be at the same level

Try to speak in a clear and calm voice

Try to provide a number of options or ‘opt outs’ so that the person
feels they have more control over the situation

Try to prepare in advance and have everything that you or the
person needs ready to hand
Try to remember any attempt to avoid a crisis is best for everyone – staff and
children.
APPENDIX 2: Some Dos and Don’ts in Situations when using Restrictive
Physical Interventions
De- escalating a situation.
Do

Focus on an outcome which will be safe for all.

Talk calmly, quietly and assertively (if the child is angry, use “voice matching” to
lead them to a calmer state).

Appear confident.

Express concern and offer help.

Try to disperse any “audience”.

Actively listen to what the child has to say.

Advise the child that if you feel it necessary for safety, you will use restrictive
positive handling.

Respect the child and the child’s feelings.
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
Be aware of your own body language and posture, use calming movements
and consider adopting a posture which reduces your size i.e. sitting, crouching,
and moving away.

Reassure the child that your actions are intended to keep them and others safe.

Summon assistance from colleagues.

Be aware of possible implications of gender difference.

Create alternative options “escape routes” for the child.

Accept support from colleagues.

Praise and encourage the child as they calm down.
Don’t

Shout.

Appear threatening or intimidating.

Judge the child, their behaviour or the situation.

“Corner” the child.

Try to enforce compliance of “rules” or trivial matters.
When Using Restrictive Positive Handling
Do

Monitor the child’s breathing.

Talk calmly, quietly and assertively.

Give the child clear, simple instructions, repeat and reinforce using “broken
record” technique.

Use the absolute minimum degree of force.

Actively listen to what the child is saying and reflect back with options for the
child to demonstrate to you that they are ready to respond to verbal
instructions.

Take account of a child who says ‘you are hurting me, please let go’. Find out
what the child means and change what you are doing so that child feels less
threatened and therefore safer.

Avoid contact with the child’s face, neck, chest, abdomen groin and buttocks.
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
Be aware of your own feelings and be prepared to relinquish management of
the situation to a colleague. If this is happening, tell the child and gain their
acknowledgement.

State your expectations about the child’s behaviour if released from restrictive
positive handling, gain the child’s acknowledgement.

Use restrictive positive handling for the minimum period of time necessary.

Do debrief following the incident, if possible with a person not involved in the
incident.

Report and record the use of restrictive positive handling immediately.
Don’t

Lose self-control.

Use Restrictive Physical Intervention in a confined area unless risk assessment
warrants it.

Attempt physical intervention in a moving vehicle.

Deliberately cause pain.

Put a child face down on the floor.

Sit on child or apply excess weight.

Hold a child in any position where the child’s breathing or circulation is likely to
be compromised.

Apply neck holds; put pressure on joints or pressure points.

Place unreasonable contingencies on the child, for example ‘I will let go of you
when you are calm’. This is especially important if they are upset and angry
and is not helpful or achievable for the child whilst still being held. Physical
interventions should stop as soon as the risks associated with the child’s
behaviour are manageable without the need for direct physical intervention.

Under no circumstances make deliberate contact with any part of the child’s
body that may be viewed as overtly sensitive, vulnerable or an area which is
widely accepted as being associated with gender and sexual development.

Under no circumstances apply direct contact or pressure to the child’s neck,
chest or abdomen as this will significantly compromise the child’s ability to
breathe.

Force a child to move in a way that they do not want or are unable to comply
and take account of their individual physical ability or disabilities.
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
Apply movement or force across any part of the body in a manner in which the
body is not designed to move (e.g. rotating or mobilising a joint through hyperflexion or hyper-extension).

Ignore the psychological after effects of an incident.
23