Physical contact
Physical contact may be misconstrued by a pupil, parent or observer.Touching pupils, including well intentioned gestures such as putting a hand on a shoulder, can, if repeated regularly, lead to serious questions being raised. As a general principle staff must not make gratuitous physical contact with their pupils. It is particularly unwise to attribute touching to their teaching style or as a way of relating to pupils. Teachers and other staff do have however have the right to use reasonable physical force to restrain pupils in certain circumstances.
Any form of physical punishment of pupils is unlawful as is any form of physical response to misbehaviour unless it is by way of restraint. It is particularly important that staff understand this both to protect their own position and the overall reputation of the school.
Where physical contact may be acceptable
There may be occasions where a distressed pupil needs comfort and reassurance which may include physical comforting such as a caring parent would give. Staff should use their discretion in such cases to ensure that what is normal and natural does not become unnecessary and unjustified contact, particularly with the same pupil over a period of time. Where a member of staff has particular concern about the need to provide this type of care and reassurance they should seek the advice of the head teacher.
Some staff are likely to come into physical contact with pupils from time to time in the course of their duties. Staff should be aware of the limits within which such contact should properly take place and of the possibility of such contact being misinterpreted.
There may be occasions where it is necessary for staff to restrain a pupil physically to prevent them from inflicting injury to others, self-injury, damaging property, or causing disruption. In such cases only the minimum force necessary may be used and any action taken must be to restrain the pupil. Where an employee has taken action to physically restrain a pupil they should make a written report of the incident in the form prescribed by the school's policy on restraint.
Guidance can be found in:
- Guidance on the Use of Restrictive Physical Interventions for Staff Working with Children and Adults who Display Extreme Behaviour in Association with Learning Disability and/or Autistic Spectrum Disorders.
- The revised guidance on the Use of Force to Control or Restrain Pupils is available here. It replaces Circular 10/98 that should no longer be used.
Intimate Care
If staff work with young children or children/young people who have special needs and may need intimate care we would suggest the the school or college draw up an intimate care policy that sets out for all parties what boundaries and behavour can be expected in this area.
Intimate care can be defined as care tasks of an intimate nature, associated with bodily functions, body products and personal hygiene which demand direct or indirect contact with or exposure of the genitals.
Last updated: 08 November 2007
