A POLICY ON THE USE OF FORCE TO CONTROL OR RESTRAIN STUDENTS
Introduction
The Angmering School is an inclusive school, committed to the care and well-being of all its students so that they may grow and learn in a safe, secure environment. Staff, students, parents and the wider community work together to ensure that the school community remains true to the equal value principle underpinning its policies.
Equal Value Principle
Each student at the Angmering School has equal value. The policy of equality of opportunity in diversity is based on the principle of respect for the individual. The school is an integrated whole, inclusive of the students with physical or sensory impairments, communication, learning, social, emotional or behavioural difficulties. It addresses each person's unique needs, intellectual, physical, spiritual, emotional or social.
All members of the school community work together to create an atmosphere in which each member can grow and flourish regardless of race, class, colour, creed, sex, sexuality, age or ability. Positive interpersonal relationships are fostered in a climate of high expectations and respect for individual achievement.
All students experience a community of diversity in which they value and celebrate the unique contribution that each individual makes. They learn to respect the rights not only of each other but also of groups in the local and wider community.
The language used in the school community, spoken or written fosters a positive attitude to each person whatever her/his race, class, colour, creed, sex, sexuality, age or ability.
Students have full and open access to a broad and balanced curriculum and to a range of extra-curricular experiences. Attention is given to adequate resources and the development of an appropriate environment to meet the needs of individual students and groups within the school community.
Every area of school life reflects this attention to individual needs and rights, as all school policies are founded on these basic principles, which are embodied in the school aims and values.
Requirements on Schools
All schools are required to have a policy on the use of force to control or restrain students. The Angmering School has adopted and adapted the West Sussex Education Authority policy on the use of force to control or restrain students. This policy was based on that written in consultation with representatives of the teachers' associations, headteachers' executives and UNISON and in liaison with West Sussex Social Services and Sussex Police. It is based on advice contained in the DfEE circular 10/98 'The Use of Force to Control or Restrain Students'.
Legislation on which the policy is based
Section 550A of the Education Act 1996 clarifies the powers of teachers, and other staff who have lawful control or charge of students, to use reasonable force to prevent students causing personal injury or damage to property; committing a crime or causing serious disruption. (Para. 9)
Section 550A does not in any way authorise the use of corporal punishment with students in maintained schools. The law forbids a teacher to use any degree of physical contact which is deliberately intended to punish a student or which is primarily intended to cause pain, injury or humiliation. That ban applies in all circumstances and has done so since 1987. (Para. 2)
Statement of intent
The Angmering School recognises that the welfare of the child is paramount and that each one has the right to be protected from harm. It seeks to protect all students from any form of physical intervention which is unnecessary, inappropriate, excessive or unlawful.
However, it is also recognised that on occasions and as a last resort, situations may arise where, in order to ensure the welfare and protection of children or other adults, staff may need to use physical restraint.
Staff using reasonable and appropriate physical force, in line with this guidance, will have the support of the school authorities and of the LEA.
Outline of policy
In relation to physical control or restraint of students this policy sets out:
o Staff authorised to use control or restraint in line with this guidance.
o What is 'reasonable' force in terms of the circumstances where it may be appropriate.
o What is 'reasonable' force in terms of the degree and type of force used.
o The procedures which should be followed when physical restraint is used to control or restrain students.
Staff Authorisation
The provision in Section 550A of the Education Act 1996 (Paras. 10, 11 and 12) applies when a teacher, or other authorised person, is on the school premises or when he/she has lawful control or charge of the student concerned elsewhere e.g. on a field trip or authorised out of school activity. It allows all teachers to use reasonable force to control or restrain students. (All members of staff who may have to intervene physically with students must understand the options and strategies open to them [para 5]). A copy of this policy is kept in all Faculties. Mention of it is made in Staff Diaries.
The Headteacher, whose responsibility it is, also authorises Learning Support Assistants and Cover Supervisors to follow the guidance which applies to teachers and ensures that all staff receive guidance on behaviour management strategies and training as appropriate. (See Appendix 1 - 'Register of non teaching staff authorised to use force to control or restrain students')
What is reasonable force?
Since there is no legal definition of 'reasonable force' (Para 16), the expectation is that the force used in restraining a student/young person should be both appropriate to the circumstances and reasonable in degree.
Circular 10/98 (Para.17) details the two relevant considerations as:
'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 student from committing a trivial misdemeanour, or in a situation that clearly could be resolved without force;'
and
'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 used should always be the minimum needed to achieve the desired result.'
A) Circumstances where physical restraint may be appropriate.
Any member of staff, as every citizen, has the right to defend her or himself against attack, providing s/he does not use disproportionate force, and to act in an emergency to prevent injury to a student or by a student to someone else (Para. 13). Section 550A of the Education Act 1996 indicates that teachers and authorised staff may also intervene in less extreme situations.
The Circular identifies three broad categories where, as a last resort, reasonable force might be 'appropriate or necessary to control or restrain a student' (Para. 14):
I. where action is necessary in self-defence or because there is an imminent risk of injury;
II. where there is a developing risk of injury, or significant damage to property;
III. where a student is behaving in a way that is compromising good order and discipline (particular caution should be exercised in these latter circumstances - see below).
Examples of situations, referred to in the Circular (Para. 15), that fall within one of the first two categories are:
- a student attacks a member of staff or another student;
- students are fighting and the teacher feels they can intervene without placing themselves at risk;
- a student is causing , or at risk of causing, injury or damage by accident, by rough play - or by misuse of dangerous materials or objects;
- a student is running in a corridor or on a stairway in a way that may cause an accident likely to injure him or herself or others;
- a student absconds from a class or tries to leave school (N.B. this will only apply if a student could be at risk if not kept in the classroom or at school);
- a student is on the verge of committing deliberate damage or vandalism to property (N.B. staff members should only intervene where they feel it is safe to do so. Personal safety is always more important than property).
Examples of situations, referred to in Circular 10/98, as falling into the third category are:
- a student persistently refuses an order to leave a classroom;
- a student is behaving in a way that is seriously disrupting a lesson.
However, members of staff should be particularly cautious about the use of force in non-urgent circumstances like these. Teachers should always exhaust all other appropriate behaviour management strategies before ever considering using force (Para. 25).
In situations where there is no direct risk to people or property and the key issue is establishing good order, any action which could exacerbate the situation needs to be avoided. The possible consequences of intervening physically, including the risk of increasing disruption or provoking attack, need to be very carefully evaluated (Para. 26).
- Other than in emergencies, members of staff are not expected to attempt to
restrain a child/young person if they may put themselves at risk.
B) What is a 'reasonable' degree/type of force?
Special needs, which render an individual child physically more vulnerable, should obviously be taken into account as should the age, understanding and sex of the student (Para. 18).
The intervention can take several forms but the force used should always be the minimum necessary in the circumstances.
- Physically interposing between students
- Blocking a student?s path
- Pushing
- Pulling
- Leading a student by the hand
- Shepherding a student away by placing a hand in the centre of the back
- Holding, which is specifically intended to avoid causing injury to the student or others in the vicinity
- (in extreme circumstances) Using more restrictive holds (only where specific training has been received)
- In exceptional circumstances, where there is immediate risk of injury, a member of staff may need to take any necessary action that is consistent with the concept of ?reasonable force? (Para. 22). Examples of this are; to prevent a young student running off a pavement onto a busy road, or to prevent a student hitting someone, or throwing something or striking someone with a dangerous object.
Actions identified in the Circular (Para. 23) and considered 'unacceptable' by the school and the LEA (as they might reasonably be expected to lead to injury) include:
- holding a student round the neck, or by the collar, or in any way that might restrict the student's ability to breathe;
- slapping, punching or kicking a student;
- twisting or forcing limbs against a joint (e.g. forcing a child/young person's arm up his/her back);
- tripping a student;
- holding or pulling a student by the hair or ear;
- shaking a student;
- tying up or binding a student;
- lifting a child/young person off the floor as a means of control;
- jabbing a child/young person with a finger or implement;
- exerting excessive pressure on any part of a child/young person's body
- holding a student face down on the ground
- touching or holding a student in a way that might be considered indecent
Procedure
Although the school makes clear through this policy the procedures which should be followed, it is vital that staff exercise sound judgements and act with discretion in reacting to a particular set of circumstances.
A. Before Intervening
Where a child has serious and/or complex individual needs, parents or colleagues from outside agencies may be involved in establishing the guidelines for that child and/or programmes of behaviour modification. This includes ensuring:
o that parents are clear about the circumstances and type of physical intervention that may be necessary (e.g. a copy of this policy);
o that briefings for staff ensure they are aware of what action they should be taking;
o what arrangements there are for staff needing to summon additional support;
o the need to seek medical advice if dealing with students who have specific health considerations.
If a student or young person is likely to commit a crime, cause injury, damage or serious disruption, staff may decide that physical intervention is necessary as a last resort, or, in an emergency. Before using force to control or restrain s/he should (Paras. 19 and 20):
o try to deal with the situation through other behaviour management strategies (except in emergencies);
o (except in emergencies) consider whether they will place themselves at risk of injury by intervening, for example when dealing with older, larger students. Where they judge this to be the case teachers should remove other students who might be at risk and summon assistance from colleagues, or where necessary the police;
o tell the child to stop and warn the child of the consequences of his/her behaviour;
o if at all possible summon additional staff support and tell the child this has been done. This has the dual purpose of reducing the risk to the member of staff and providing a witness should the situation develop.
o Until assistance arrives continue to attempt to defuse the situation orally.
B. Whilst Intervening
The member of staff must:
o employ minimum force for the minimum period necessary to restrain the student;
o keep talking to the student, making it clear to him/her that the physical contact or restraint will stop as soon as it ceases to be necessary;
o avoid threatening or committing any act of punitive violence;
o keep his/her temper under control;
o have regard to others in the vicinity.
C. After Intervening
Members of staff concerned provide a contemporaneous written record of incidents. From Summer 2004 forms will be completed on every occasion that force, even minor, is used, in harmony with the Circular, which states that, 'It is important that there is a detailed, contemporaneous, written report of any occasion (except minor or trivial incidents) that force is used'.
The procedure followed balances the protection of students and staff on one hand and keeping bureaucracy to reasonable levels on the other.
1 The member of staff reports the necessity of intervention to a member of the Headship Team who will also consider Child Protection issues.
2 A brief entry is made of the report in a school 'Incidents of Restraint' log.
3 In most cases, if the member of the Headship Team judges it is necessary, a 'Use of Physical Restraint Report Form' (see appendix) is completed, which is for internal use but may be made available to the LEA, Police and/or Social and Caring Services if investigating a complaint.
4 The student is seen by First Aid staff, if the incident results in injury, and an Accident/Incident Reporting Form is completed. This may be instead of, or in addition to, the 'Use of Physical Restraint' form.
The Headship Team:
1 Investigate incidents (not minor or trivial, which are simply logged) and evaluate them in the light of the school's risk assessment procedures, disseminating any conclusions reached.
2 Notify parents/carers of the action being or to be taken and initiate appropriate follow-up (Para. 30).
3 Initiate appropriate follow-up with the child/young person involved and others present if appropriate.
4 Offer support, as appropriate to staff involved.
Complaints/Allegations
The Education Act 1996 (Paras. 31 and 32) deals with complaints and allegations.
The school Involves parents immediately an incident occurs with their child. The policy and the member of staff's adherence to the policy are explained. Usually, careful and sensitive responses by all concerned lead to agreement and to a plan for repairing and rebuilding the relationship and ensuring that there will be no recurrence of the behaviour leading to the incident.
Clearly if there is not agreement and/or a complaint is made or there is a dispute about the use, or type of force used, by a member of staff, there may be an investigation, either under disciplinary procedures or by the Police and/or the Social and Caring Services Department under child protection procedures.
Should the use of physical restraint lead to an allegation of physical abuse which is to be investigated under disciplinary procedures, the school follows the advice in the Schools? Personnel Manual (Appendix 8.4) 'Employees in Schools Facing an Allegation of Physical/Sexual Abuse: Procedures and Guidelines'. It follows the advice in the West Sussex Child Protection Procedures about investigations under child protection procedures relating to allegations against teachers.
Training
The school provides regular training for new staff and updates to all, on the Positive Behaviour management strategies, as promulgated by Bill Rogers, which are the school's preferred practice. Behaviour management courses, which are available through West Sussex Inset provision or nationally, are also available and the Staff Development Coordinator monitors staff development opportunities. Courses on conflict resolution, in the avoidance and diffusion of aggression and restraint are also available.
Additional advice and training information is available from the LEA's representative, Julian Lee.
Links with other Policies:
o Child Protection
o Anti-Bullying
o Equal Opportunities
o Equality in Diversity: SEN Policy
This policy, first adopted in 1999, was amended for presentation at the Student Support Committee Meeting of 15th June 2004 and subsequently at the full Governors' Meeting of 23rd June 2004