POSITIVE BEHAVIOUR SUPPORT POLICY MIKE SIRA-PARFITT RESIDENTIAL SERVICES MANAGER MARCH 2006 1 POSITIVE BEHAVIOUR SUPPORT Contents Page Policy Statement 3 Purpose 3 Scope 3 Definitions 3-4 Legal Context Legal considerations 4-5 Mandatory Procedures Positive Behaviour Support Risk Assessment Training Post Incident Management Restrictive Physical Intervention Use of Physical Intervention Skills Reporting and Recording Practice Guidance Advocacy Complaints Implementation 5-11 11 11 Monitoring & Review 11 2 POSITIVE BEHAVIOUR SUPPORT Policy Statement Gloucestershire Children and Young People’s Directorate and their employees will deliver a service based on the principles of positive behaviour support. Services will be child centred and create an environment where children and young people feel safe, secure and valued. The service philosophy is based on the promotion of desirable behaviours, with clear management plans that identify areas for improvement, reward progress and have explicit responses to behaviours that present hazards. Purpose It is the duty of every employee to discharge their duty of care towards children and young people in an appropriate manner and within an appropriate values base. It is an expectation that staff will be individually accountable and responsible for their actions towards young people. The purpose of this document is to: Establish the value base and core principles of work with children accommodated in Gloucestershire County Council children’s homes. Encourage a positive, caring and nurturing environment for children accommodated in Gloucestershire County Council children’s homes. Guide staff in helping children develop appropriate and socially valid behaviours. Promote consistency of response to challenging behaviour. Enable staff to discharge their duty of care to children accommodated in Gloucestershire County Council children’s homes. Ensure the safety of staff working within Gloucestershire County Council children’s homes. Offer appropriate advice and guidance within the service framework Scope The scope of this policy is Looked After Children and Young People who are receiving services from Gloucestershire Children and Young People’s Directorate children’s homes. Definitions A non-restrictive physical intervention is manual guidance to assist a person in crossing the road safely. A restrictive physical intervention would be to hold a persons hand to prevent them from hitting another person. 3 This policy applies to the use of restrictive physical interventions. Emergency Physical Intervention: use of force, which occurs in response to unforeseen circumstances. Planned Intervention: in which staff employ a reactive physical intervention using pre-arranged physical skills detailed in a Behaviour Management Plan and based upon risk assessment. A restriction of personal freedom is also a physical intervention. It is illegal to lock a child or young person in a room or to prevent them from leaving a building except in circumstances of high risk or where circumstances allow – such as accommodation approved by the secretary of state. Legal Context The policy must be read in conjunction with and reference to: Children Act 1989, Guidance and Regulations Volume 4: Residential Care (1991) Children Act 2004 United Nations Convention on Human Rights of the Child 1991 Human Rights Act 1998 Children’s Homes Regulations April 2002 Department of Health: Guide on Permissible Forms of Control in Children’s Residential Care (1993) BILD Code of Practice for Trainers in Physical Interventions (2001) DoH/DfES Guidance for Restrictive Physical Interventions (2002) Health and Safety at Work Act 1974 Gloucestershire Safer Working Practices Policy 2001 Gloucestershire Post Incident Support Policy RIDDOR 1995 The Management of Health and Safety at Work Regulations (1999) Physical Interventions and the Law, Lyons Pimor, BILD (2004) Gloucestershire Protocol for Involving Police in Children’s Homes Legal Considerations “Physical restraint should be used rarely and only to prevent a child harming himself or others or from damaging property”. (Children Act 1989 Volume 4 Residential Care 1.83 p15) “When staff have good grounds for believing that immediate action is necessary to prevent a child from significantly injuring himself or others, or causing serious damage to property” (DoH Guidance 4/93 5.61) 4 It may be legally defensible to use a physical intervention to prevent a child or young person: Self harming or being self injurious Causing injury to other children, adults or staff Causing significant damage to property Committing a criminal offence A duty of care is imposed on professional carers, they must therefore, take reasonable care to avoid acts or omissions, which may cause harm. This duty of care applies to all employees of the authority and they remain personally responsible and accountable for their actions at all times. The authority in turn, owes a duty of care as an employer to those professionals in its employ and to offer appropriate training and guidance. It recognises that at times they may face situations where they have to make a judgement about the use of physical interventions. Employees have the right to defend themselves and/or others from harm. Where they decide to do this they must not use disproportionate force. It is paramount that where physical intervention is used as a planned or emergency response, lawful excuse can be demonstrated in that without that preventative action, significant risk of harm existed for the chid or others. Mandatory Procedures All children and young people will: Be treated as individuals and their views sought as appropriate to circumstance, age and understanding Be supported to live in a safe environment Be valued in respect of their gender, culture, ethnicity and sexual orientation Be supported to make appropriate choices and develop a healthy lifestyle Be protected from harm or the risk of abuse Be encouraged to participate in new activities Be encouraged to value the contribution of others and cultural, religious and ethnic backgrounds Be accepted by others regardless of the difficulties they may be experiencing Have opportunity for religious observance where requested Have access to and support of an advocate Be afforded appropriate privacy Have access to confidential support and advice 5 Children will be offered opportunities to develop a sense of personal responsibility appropriate to their age and understanding. The service will foster an environment that develops children’s sense of personal responsibility. Staff will foster appropriate adult child relationships, creating appropriate boundaries and valued relationships. An appropriate relationship will: Be based on mutual respect and positive interaction Be supportive and active in creating opportunities Highlight and differentiate between disapproval of inappropriate behaviour and disapproval of the child Take account of the child’s personal history and be sensitive to their needs Have clear and professional boundaries Promote self esteem through a variety of interactions and opportunities Seek to understand the function of the child’s less socially valid behaviour Be truthful, consistent and nurturing Positive Behaviour Support All children accommodated in Gloucestershire County Council children’s homes will have a Placement Management Plan. The plan will include: The desirable behaviours to be encouraged, how they will be encouraged, who is responsible for the implementation of the plan and when it will be reviewed The undesirable behaviours to be discouraged, how they will be discouraged, who is responsible for the implementation of the plan and when it will be reviewed The hazardous behaviours that pose risks to the safety of the child, other children accommodated, staff, visitors and members of the public, how they will be managed, who is responsible for the implementation of the plan and when it will be reviewed. Clear references to the evidence that has informed the Placement Management Plan When it is appropriate to use sanctions, they must not be used as a punishment but as a consequence of the behaviour. Sanctions will be: Appropriate given the child’s age, understanding and care plan Realistic, enforceable and proportionate to the behaviour and the consequences of the behaviour Dispatched within an appropriate timeframe 6 Where possible, previously agreed in advance as part of the Placement Management Plan Applied consistently with appropriate interaction and communication Applied individually, and not to groups of children, or cause disruption to the lives of other children Appropriate sanctions include Increased supervision Verbal reprimand Reparation payments of up to 50% of pocket money for no more than 4 weeks Time out Additional household chores that are achievable, are not demeaning and are proportionate to the behaviour Curtailment of leisure activities It is not acceptable to: Use any form of corporal punishment Use any punishment relating to the consumption or deprivation of food or drink Use any restriction, other than one imposed by a court or in accordance with regulation 15, on- a child’s contact with his parents, relatives or friends; visits to him by his parents, relatives or friends; a child’s communications with any of the persons listed in regulation 15(2); or on a child’s access to a telephone helpline providing counselling for children. Use any requirement that a child wear distinctive or inappropriate clothes Withhold medication, or medical or dental treatment Use the intentional deprivation of sleep Impose any financial penalty, other than a requirement for the payment of a reasonable sum (which may be by instalments) by way of reparation Use any intimate physical examination of the child The withholding of any aids or equipment needed by a disabled child Use any measure which involves any child in the imposition of a measure against any other child, or the punishment of a group of children for the behaviour of an individual child None of the above prohibits: The taking of any action by, or in accordance with the instruction of, a registered medical practitioner or a registered dental practitioner which is necessary to protect the health of a child The taking of any action immediately necessary to prevent injury to any person or serious damage to property 7 The imposition of a requirement that a child wears distinctive clothing for sporting purposes, or for purposes connected with his education or with any organisation whose members customarily wear uniform in connection with its activities. Risk Assessment A risk assessment will be completed on each child before a child is admitted to any Gloucestershire County Council children’s home. The risk assessment will state The likelihood of the assessed hazard The severity of the assessed hazard The workplace precautions that reduce the assessed hazard The evidence on which the assessment is based When the assessment will be reviewed Who is responsible for the assessment Risks can emerge from: The interaction between the child and his/her environment The impact of the child and his/her behaviour on others within the children’s home The impact of the behaviours of others accommodated on the child being admitted The risk assessment will inform the Placement Management Plan The Registered Manager of the children’s home will be responsible for ensuring that risk assessments are completed, that they inform the Placement management Plan, and are available and understood by the staff within the home. For further information please refer to the Risk Management Policy Training All staff will receive training appropriate to the purpose of this policy and will be outlined within their personal development plans and identified with their manager, based on personal training need and development. Post Incident Management Following any significant incident it will be appropriate to follow a process of post incident management. 8 Post incident management will ensure that any potential or existing risk is reduced: It will ensure that all appropriate people are informed of the incident. It will ensure appropriate recording of the incident. It will ensure that the risk assessment and Placement Management Plan are reviewed and amended as appropriate It may be ongoing and reflective, informing future practice. Each Registered Manager will be responsible for ensuring that an appropriate de-brief is offered to staff, service users and other people affected by the incident. Restrictive Physical Intervention “Restraint is sometimes necessary – but only when someone is likely to get hurt or property is likely to get seriously damaged” (Children’s views on restraint, 2005, Dr Roger Morgan OBE, Children’s Rights Director. Chapter 2 Key point 1) This guidance sets out to support staff who may be dealing with potentially difficult situations arising from the behaviour of children and young people. At times, due to their state of emotional arousal, previous experiences and expectations, developmental or cognitive ability, children may behave in ways which present significant harm to themselves or others. It is the expectation that all employees will use skills of positive behaviour management. They will defuse and de-escalate most situations of potential risk and will only need to resort to the use of restrictive physical interventions in extreme situations where risk indicates it’s use. In most part this will be in emergency situations, but in some circumstances it will be part of a planned approach to developing more appropriate coping mechanisms. The aim is to support children in developing appropriate skills and techniques that enable them to manage their emotions in a socially acceptable manner. It is the expectation of the authority that physical interventions will only be used as a last resort. Once an unforeseen circumstance has led to a physical intervention it should be factored into the Behaviour Management Plan and become a Planned Intervention It is important to highlight that a level of risk is associated with any form of physical intervention, for this reason it should be avoided. Higher levels of risk are associated with: 9 Mechanical restraint (this policy does not address this and is not supported within the authority at present) Taking a child or young person to the floor or holding them on the floor Restricting breathing Bending, flexing or holding over the joints Pressure on the neck, chest or abdomen or groin area Use of Physical Intervention Skills “Young People need to know they can be restrained” (Children’s views on restraint, 2005, Dr Roger Morgan OBE, Children’s Rights Director) “I got restrained for throwing a newspaper. It would have been o.k. If it had been a brick.” (Children’s views on restraint, 2005, Dr Roger Morgan OBE, Children’s Rights Director) Physical interventions will only be used as a last resort by staff who have received appropriate training and as directed by the behaviour management plan or in relation to an emergency situation that could not be foreseen GCC staff are trained in the model agreed by the authority. Training received inn previous employment statutory or otherwise will be viewed as invalid on taking up post within GCC and will not be supported. Registered Managers will be responsible for ensuring that all staff receives appropriate training and that this training is updated on an annual basis. Employees will not informally share techniques nor will they engage in adapting techniques in any way following training. Once trained, staff will be responsible for maintaining the level of skills required, and ensuring the skills are updated as appropriate. When deciding to use physical interventions employees will ensure they are: Appropriate to the risk presented, given the age, gender and size of the young person Not used in a punitive manner or to cause pain or psychological harm Used in conjunction with appropriate communication Used for the minimum period of time Enabling the child to take control of the situation Legally defensible 10 Reporting and Recording All incidents in which a physical intervention has been used must be recorded. The Registered Manager must ensure that the risk assessment and Behaviour Management Plan are reviewed and amended as appropriate. If physical interventions are used within a wider incident that would be regarded as a notifiable event, the appropriate agencies and professionals will be informed. Practice Guidance Advocacy Consideration should be given to seek an advocate to assist the young person to understand the process of positive behaviour management. Please refer to the Advocacy Policy for further information Complaints All children have the right to complain about their care, and to be taken seriously. If a complaint arises from the use of a physical intervention it should be recorded and Gloucestershire County Council’s complaints process followed. Implementation Social Services staff will be made aware of this protocol via: This Week An article in the Directorate Newsletter Planning Policy and Projects Website Monitoring and Review The Behaviour Management Policy will be monitored by the Residential Service Manager and reviewed every twelve months in line with the established policy process. 11