Restraining pupils - use of force
Main text
Legislation
Key documents
All schools should have a policy on the use of force to control or restrain pupils. The head teacher should ensure that this is included in the school's discipline policy, making it clear to staff, parents and pupils what is acceptable and what is not.
The Education Act 1996 forbids corporal punishment, but allows all teachers to use reasonable force to prevent a pupil from:
- committing a criminal offence
- injuring themselves or others
- damaging property
- acting in a way that is counter to maintaining good order and discipline at the school.
The Act does not cover more extreme cases, such as action in self-defence or in an emergency, when it might be reasonable for someone to use a degree of force.
Staff other than teachers and volunteer helpers are also able to use force if necessary, provided they have been authorised by the head teacher to have control or charge of pupils. People with such authorisation might include teaching assistants, midday supervisors, specialist support assistants, education welfare officers, people accompanying pupils on visits, etc. Headteachers should keep an up-to-date list of authorised people and may find it helpful to provide training or guidance to ensure that everyone is clear on the policy.
Records
Detailed and up-to-date records should also be kept of any incidents where force is used. It is always advisable to inform parents of such an incident and to allow an opportunity to discuss it.
Records of incidents should include the following information:
- the name(s) of the pupil(s) involved
- when and where the incident took place
- why the use of force was deemed necessary
- details of the incident, including all steps taken to diffuse the situation and resolve it without force and the nature of the force used
- the pupil's response
- the outcome of the incident
- a description of any injuries suffered by the pupil or others and/or any property damaged during the incident.
The DCSF is legislating on making statutory the recording of significant incidents involving use of force by staff on pupils and for the reporting of such incidents to parents in the Apprenticeships, Skills, Children and Learning Bill. It is anticipated that this new duty will come into effect in autumn 2010.
