Key takeaways
Policy update
New guidance requires updates to school policies.
Seclusion and restraint
New definitions will necessitate changes to jargon use.
Reporting and recording
New requirements will need to be explained to staff and embedded.
With staff and pupils returning after the Easter break, school leaders’ attention will turn to exams and other summer term priorities. However, they will also need to review and implement new statutory guidance from the Department for Education (DfE) titled ‘Restrictive interventions, including use of reasonable force, in schools’ (the Guidance) which came into force from 1 April. You can read the Guidance in full: Use of reasonable force and other restrictive interventions guidance.
The Guidance replaces the previous ‘Use of reasonable force in schools’ document. It amends the powers of schools to use reasonable force in school settings and updates the definitions and deployment of restraint and seclusion, particularly in relation to those pupils with special educational needs or disabilities (SEND).
The key changes are:
introduction of ‘seclusion’ – a non-disciplinary intervention to keep a pupil away from others when they are experiencing emotional or behavioural dysregulation. It is not intended to be a behavioural sanction.
extension of ‘restraint’ to encompass non-physical restraint; for example, removing a walking aid from a pupil.
introduction of the term ‘significant incident’ to describe an incident of staff-on-pupil contact that involves force and goes beyond appropriate physical contact.
introduction of recording requirements – schools are now required to keep a detailed record of both significant incidents and use of seclusion/non-force related restraint, ideally by the end of the school day.
introduction of reporting requirements – schools are now required to report the use of both significant incidents and the use of seclusion/non-force-related restraint to parents. This report must be in writing and ideally made by the end of the school day.
As the recording and reporting requirements have been issued by the Secretary of State for Education under s93A of the Education and Inspections Act 2006, academies and maintained schools will need to update their existing policies and procedures to reflect these changes.
Our Education team is well-placed to advise education clients on any aspects arising from the Guidance, whether updates to policies or wider issues surrounding behaviour and exclusions. As education specialists, we can help you navigate the practical implications of the Guidance for staff on the ground.
Beyond this, we offer a full service to our education sector clients. Whether you require advice on a transactional or commercial project – such as a school transfer, contract review, negotiation or settlement – or on day-to-day pupil, parent and staffing matters, please get in touch.
This article was co-authored by Trainee Solicitor, India Hall.
