25a. Positive Handling and Use of Reasonable Force
Date adopted: 10th December 2015
Review December 2018
See EOTAS policy control document (held by Tracy Hanks) for status, notes and actions pertaining to this policy
Introduction
EOTAS hasadoptedtheSwindonBoroughCouncil(SBC)ChildrenServices PolicyonPositiveHandlingandtheUseofReasonableForce.TheSBCpolicysetsout the legal framework for the use of positive handling and reasonable force, it provides definitionsof terms and setsout the principles whichshould guide schools when interpretingthepolicyin their own setting.
This EOTAS Policy on Positive Handling and The Use of Reasonable Force should be read in conjunction with the SwindonBorough Council Children Services Policy on Positive Handling and the Use of Reasonable Force and other school policies and guidance relatingtointeractionsbetweenadultsandpupils.
Thispolicyhasbeenpreparedfortheinformationofallteachingandsupportstaffwho comeintocontactwithpupils,andforvolunteersworkingwithintheschool,toexplainthe school's arrangementsfor managingchallenging behaviour. Itscontents are available to parentsandpupilsonrequest. Astatement about theSchool’sBehaviourPolicyismade to parents and includes informationon the use of reasonable forceto control or restrain pupils.
Underpinningvalues
Good relationships between staff and pupils are vital to ensure good order in our school. Theseensurethewell-beingandsafetyofallpupilsandstaffinschool. Itisacknowledged thatincertaincircumstances,staffmayneedtotake action in situationswheretheuseof reasonable,proportionateandnecessaryforcemay be required. EOTAS acknowledgesthatphysicaltechniquesareonlyasmallpartofa whole school approach to behaviourmanagement.
AtEOTASwebelievethateveryoneattendingorworkingintheschoolhasaright to be safe and to be protected from violence, assault and acts of verbal abuse.
PositiveHandling,definedasthefullrange ofstrategiesusedtomanagebehaviour including,wherenecessary,RestrictivePhysical Intervention, is seen as a proactive responsetomeetindividualpupilneeds. Anysuchmeasureswill be mosteffectiveinthe contextoftheoverallethosof the school, the way that staffexercise their responsibilities andtherangeofbehaviourmanagementstrategiesused.
Everyeffortwillbemadetoensurethatallstaffinthisschool:
(i) Clearlyunderstandthispolicyandtheirresponsibilitiesinthecontextoftheir
dutyofcareintakingappropriate measures where use of force is necessary and
(ii) Areprovidedwithappropriatetraining todealwiththesedifficultsituations
Minimisingtheneedtouseforce
We strive to create a calm environmentwithinschoolwhichminimisestheriskofincidents arisingthatmightrequirethe use of reasonable force or RestrictivePhysicalIntervention. Inadditiontothis,allpupilsaresubjecttoarisk assessment which informs their individual PositiveHandlingPlan. Bothrisk assessments and PositiveHandling Plans are regularly reviewedandupdated.
All school staff are trained in skills to helpthemtodefusesituationsbeforebehaviour becomeschallengingandinhowtode-escalateincidentsshouldtheyarise.
Reasonable force will only be used when the risksinvolvedindoingsoareoutweighedby therisksinvolvedinnotusingforce.
Implicationsofthepolicy.
Asteachingandnon-teachingstaffwork‘inlocoparentis’andhavea‘DutyofCare’ towardstheirpupils,theycouldbeliableforaclaim of negligence if they fail to follow the guidancewithinthispolicy.The use of Team Teach techniques is one of our control methods for reducing risks presented by children’s challenging behaviour. Pupils’ Positive HandlingPlansareSafe SystemsofWorkunderHealthand SafetyRegulations.Assuchit is imperative that these plans are followed and implemented by all members of staff.
The application of any form of physical control inevitably carries an attached risk of unintended harm and this placesstaff and the school at risk of potential litigation. It can only be justified according to the circumstancesdescribed in this policy. Staff,therefore, have a responsibility to follow this policyandto seek alternative strategies wherever possible in order to prevent the need for physical intervention. Staff need to be aware that theyareresponsiblefor:
assessing risks (dynamic risk assessment) related to individual circumstances whichmayariseinthecourse of their day-to-day duties and
makingjudgementsaboutwhentheuseofforceisnecessaryandthedegreeof forcewhichmayberegardedasnecessarytomanageasituation.
Staffneedtobeawarethattheyarerequiredtojustifytheirdecisionsinwritingthrough theschool’srecordingandreportingprocedureswhichareoutlinedlaterinthisdocument.
StaffTraining
Swindon Borough Council and EOTASare committed to using Team Teach. Team Teach Ltd is a training providerthat is accredited through the British Institute ofLearningDifficulties(BILD)andadherestotheirCodeof Practice on physical intervention. EOTASacknowledgesthatphysicaltechniques are only a part of a whole school approachtobehaviourmanagementandTeamTeach emphasisestheimportanceofdiversion,defusionandde-escalation. Itprovidesagradual, graded system of response.
Allpermanentstaffwhoareinregularcontactwithpupilsreceivetrainingandregular updatesinTeamTeachandtheveryclearprotocolswhichaccompanyit. TeamTeach training is provided as part of the induction for staff and itis then the responsibility of the Head of Service to ensure this training is kept up to date.
Supplystaffandvolunteersareunlikelytohave this accreditation and therefore should not positivelyhandleorrestrainchildren. However the Use of Force Guidance 4/12; Who can use Reasonable Force, states that all membersofschoolstaffhavealegalpowertouse reasonableforce.Thispowerappliestoanymember of staff at the school. It can also
applytopeoplewhomtheheadteacherhastemporarily put in charge of pupilssuch as unpaidvolunteersorparentsaccompanying studentsonaschoolorganisedvisit.This powershouldonlybeused‘inloco parentis’with a ‘Dutyof Care’ towards the pupils in their care, for example if a pupilwastorunoutintheroad.
SupportingColleagues
AtEOTASitisexpectedthatstaff will support one anotherto the best of their ability in all situationsaroundthecentresandinparticularwithregardtosituationsthatrequire positive physical intervention. Staff will askifsupportisneededandmaygiveimmediate supportregardlessoftheresponse, if they deem the situation of a nature that could cause injuryoremotionaldistress.
Team Teach training says that a reasonable,proportionate and necessary intervention shouldtakeplaceinordertoprotectthebest interests of the individualsconcernedand that failure to take action couldleadtoachargeofnegligence.
QuotesfromTeamTeach:
Abreachofdutyofcaremayinvolve[……]failing to take reasonable action (acts of omission). Where risk is foreseeable there isnoexcuseforwaitinguntildamageor injuryoccurs.Aresponsibleapproachis toanticipatewhatcouldpossiblygowrong andlookatwhatstepscanbetakentopreventit
Employeesalso have a duty to take all reasonablypracticablestepstoensurethat theydonottakeanyaction,ormakeanyomission,thatcreatesarisk,orincreases an existing risk, to the health or safety ofthemselves,orotherpersons
Staff are also trained to understand that when a colleagueisinvolvedinanincidentin which the pupil is being aggressive, a change instaff involved is an effective strategy in de-escalatingthesituation.Therefore, staff areexpected to offer help to colleagues to avoidasituationescalating. Thisisoften referred to as a ‘change of face’.
OtherSupportingPolicies
GuidanceforSaferWorkingPracticestatesthatininstanceswherechildrendisplay challengingbehaviourstaff are required to follow policiesand strategies appropriate to the circumstances. This schoolpolicyonPositive Handling and Use of ReasonableForcesaysthatstaffareresponsiblefor deciding when force may be necessary tomanage a situationandthatphysical intervention can be used to reduce risk of painorinjuryordamagetoproperty.Chosen actionsshouldalwaysreducerisktoyourselfandothers.
TheTeamTeachApproach.
Team Teach describesa broad range of risk reductionstrategies.Itisaholisticapproach involvingpolicy,guidance,managementofthe environment, and deployment of staff. It alsoinvolvespersonalbehaviour,diversion,diffusionandde-escalation.
Through TeamTeach,EOTASidentifiesPositiveHandlingasdifferentlevelsof contactwithpupilsthroughagradualandgradedsystemresponse:
NonPhysicalIntervention;changestothe physical environment, use of space and an understandingofpersonalspace,bodylanguage,facialexpressions, volume , tone, pace andpitchofvoice,choiceofwordsandstickingtothescript.
Control;meanseitherpassivephysicalcontact,suchasstandingbetweenpupilsor blockingapupil'spath,activephysicalcontact such as holding to reassure where there is littleoranyactiveresistanceorleading/guidingapupiloutofaclassroomwherethereis little if any resistance
Restraint/RestrictivePhysicalInterventions;to hold backphysically or to bring a pupil undercontrol,typicallyusedinmoreextremecircumstances,forexample;
Holdingsomeonewhoisactivelyresistingtopreventthemputting themselvesatriskofsignificantharm;
Holdingsomeonewhoisactivelyresisting to reduce the risk of pain orinjury;
Holdingsomeonewhoisactivelyresistingtoreducetheriskof damagetoproperty;
Holdingsomeonewhoisactivelyresistingtopreventthe commissionofacriminaloffence;
Movingsomeonewhoisactivelyresistingintoareduced-risk environment;
Preventingapersonwhoisactively resisting from moving into an increasedriskenvironment.
1.PhysicalContact
Situationsinwhichproper physicalcontactoccursbetweenstaffandpupils,e.g.,inthe careofpupilsandinordertosupporttheiraccesstoabroadandbalanced curriculum.It wouldseemreasonablethatyoungchildrendo requireopportunitiesforclosecontactand aslongasthisiswithinpublicview,sensitivelycarriedoutandage/person-appropriatethe Management Committee would fully support this approach.
2.PositiveHandling
These are interventions, including contingent touch, which may be usedto divert a pupil from a destructive or disruptive action, for example guiding or leadinga pupil by the arm or shoulderwherethepupiliscompliantorsupportivelyholdingapupiltokeepthemor others safe until they have regained control of themselves or can be guided to an area to calmdown.
This technique cannotbe emphasised enough and inthehandsofaskillfulpractitioner manypupilscanbedeflectedfromapotentiallyvolatilesituationinto a less confrontational situation i.e. it may be possible to “defuse” a situationbyatimelyintervention.
All such incidents must be recorded (within24hours)intheBoundBook.
3.RestrictivePhysicalIntervention/Restraint
This will involve the use of reasonable forcewhenthereisanimmediaterisktopupils, staff,propertyorgoodorder/disciplineintheschool. Allsuch incidentsmustberecorded (within 24 hours) in the BoundBook.Ifanyoneisinjuredtheappropriateaccidentform(s) (availableinthereceptionoffice) must also be completed. Recordsofincidentsmustbe given to the H&S Officer as soon aspossible,andwithin24hours at the latest.
The level of compliance from the pupil determines whether or not the interaction is a PositiveHandlingincidentor a Restrictive Physical Intervention/Restraint. Restraint is definedbyTeamTeachasthepositiveapplication of force by staff, in order to overcome rigorousresistance,completely directing, deciding and controlling a person’s free movement.
PositiveHandlingPlans
APositiveHandlingPlanisaplanforthe positivemanagementofpupils’challenging behaviourandidentifiespositivepreventionstrategiesandhowapupilmayneedtobe supported in a crisis. For each child, the likelyrisksareidentifiedinariskassessmentand appropriateinterventionsaresuggested. PositiveHandlingPlansareavailableineach classroom and in the staffroom.
Wherethereiscleardocumentedevidence,such as a risk assessment that particular sequencesofbehaviourescalaterapidlyinto violence, the use of a Restrictive Physical Interventionatanearlystageinthesequence may be justified andwill be included in the Plan.
Plannedandemergencyphysicalinterventions
Aplannedinterventionis one that is described/outlinedin the pupil’s Positive Handling Planandriskassessments.Thisshouldcover most interventions and may include the use ofTeamTeachtechniques.
Anemergencyphysical interventionmay be necessary if a situation arises that was not foreseenorisuncharacteristicof the pupil. Membersof staff retain their duty of care to pupilsandanyresponse,eveninanemergency,mustbeproportionatetothe circumstances. Staffshouldusetheminimum force necessary to prevent injury and maintainsafety,consistentwiththe trainingthattheyhavereceived.
Deciding whether to use RestrictivePhysicalInterventions
Everyeffortismadetoresolveconflictspositivelyusingagradual,gradedsystemof response. The school’s Behaviour Policydescribes a range of Positive Handling strategies which may be employed to de-escalateasituationandmayinclude ‘time out’ or
‘withdrawal’. Pupilsareencouragedtousethesestrategieswithminimalsupportfrom staff. When a situation continuesto escalate, it may be necessarytocontroltheincident oruseRestrictivePhysicalInterventions. In each case the decisionwill have been made
Whereactionisnecessaryinself-defenceorbecausethereisanimminentriskof injury.
Wherethereisadevelopingriskofinjury, or significant damage to property.
Whereapupilisbehavinginawaythatiscompromising good order or discipline.
It is recognised that challenging behaviour and Restrictive Physical Interventions can both involve a risk to staff and pupils and thereforeinthesecircumstancesstaffwillconsider
Isthisinterventioninthe best interests of the child?
Isitnecessary?
Is it reasonable and proportionate?
Inallinstances,RestrictivePhysicalInterventionusestheminimumdegreeofforce necessary for the shortest period of time to preventapupilharminghimself,herself,others orproperty;whereverpossibleassistancewill be sought from another member of staff.
The physical techniques are intended to reduce risk and Team Teach techniques always seektoavoidinjurytothepupil,butitispossible that bruising or scratchingmayoccur accidentally, and these are not to be seen necessarilyasafailureofprofessional technique,butaregrettableandinfrequentsideeffect of ensuring that the pupil remainssafe.Whereitisconsideredpossiblethat an injury has occurred the pupil will be giventheopportunitytoshowamemberofstaff the extent of any injury,whereverpossible in view of a CCTV camera. Any such injurywillbereportedusingtheappropriateaccident form and recorded on the incidentwriteupintheBound and Numbered Book.
In some circumstances, following the use of morerestrictiveholds,itisacknowledgedthat pupils may encounter some minimal discomfortwhenappropriatereleasetechniquesare used. However, this is very brief and transientandposeslessofariskthanthebehaviour theyareemployedinresponseto.
AlternativestoRestrictive Physical Interventions
Sometimes,whenfacedwithextremebehaviour, the judgement may be that by becoming physically involved themember of staff will increase the risk of somebody getting hurt. In thiscasethecorrectdecisionistoholdbackbutthisdoesnotmeanthat staff can choose to do nothing. They must decide on the mostappropriatecourseofactionwhichmightbe
tomaketheenvironmentsafer,givecleardirectionstochildren,removetheaudience,take vulnerable children to a safer place, ensure thatcolleaguesknowwhatishappeningorget help. Thechosenactionsshouldalwaysbedesignedtoreducetherisktoothersandto yourself.
Staff from external agencies working within the school
External agencies may have their own policiesfor the care and control of pupils. When workingwithinEOTASitistheHead of Service’sresponsibilitytoensurethatcolleagues from support services are aware of school policyandpractice,andcomplywiththis. A summaryofschoolpolicyandpracticewillbeprovided for staff from support services who areworkingwithintheschool.
AfteranIncident
Physicaltechniquesarenotusedinisolationandtheschooliscommittedtoensuringthat as a result of incidents,learningopportunitiesarecreatedforchildren that allow them to be honest and take responsibility for their behaviour atalevelappropriatetotheirstageof development.
Support Following Incidents
Any member of staff or pupil at the schoolinvolved in orwitnessing a serious incident involving the use of Restrictive PhysicalInterventionmayrequireadditionalsupport followingtheincident.
Staff should ensure that they are fully recoveredfromanincidentbeforeresumingtheir dutiesandcolleaguesareencouragedtoseekandoffersupportwhereitisdeemed necessary.
Pupilswhomaybedistressedbyeventscanbeofferedthefollowingsupport:
Quiettimetakingpartinacalmingactivity
Quiet time away from the incident/trigger
Resumingtheirusualroutine/previousactivityassoonaspossible
Timewithamemberofstafftodebrieftheincident
Recordingincidents
Where Positive Handling or where Restrictive Physical Intervention has been used, a record of the incidentwill be kept. Thisrecord should be made andsigned by the member ofstaffwhoinitiatedtheInterventionin thepupil’sclassBoundandNumberedBook.
Appropriate documentationwillbecompletedas soonaspossibleaftertheincident,and certainly within 24 hours. An accident form will be completed insituationswhereinjuryhasoccurredtoeithermembers ofstafforpupils.
Reportingincidents
All incidents recorded on a record of PositiveHandlingformandenteredintotheBound andNumberedBookandwhereappropriatewillbe reported to parents. This may be by telephoneorinthehome-schooldiary,depending on the nature ofthe incidentand the procedure agreed with parents.
Monitoringincidents
Whenever a member of staff has usedRestrictivePhysicalInterventionoccasiontouse reasonable force, this will always be recorded and documented following agreed
procedures. TheHead of Servicewillreviewreportsofincidentstoensurethatstaffarefollowing the correct proceduresand to be alert to any pupil(s)whosePositiveHandlingPlanmay requireamending.
MonitoringofincidentsbytheHead of Servicewilltakeplaceonatermlybasisandthe resultswillbeusedtoinformplanningtomeetpupilandschoolneeds.Tosupportthe Head of Service, EOTAS andensureobjectivity,amember of the Management Committeewillbeinvolvedin the monitoring process.
Complaints
Theavailabilityofaclearpolicyabouttheuseofreasonableforce,andearlyinvolvement ofparents,shouldreducethelikelihoodofcomplaintsbutmaynoteliminatethem. Where a complaint or allegation is made, the school will follow the LSCBprotocol,asexplainedin thesection‘AllegationsAgainstStaff’inthe South West Child Protection Procedures.
The matter will be reported to the Local Authority DesignatedOfficer(LADO)in accordancewithLocalAuthorityprocedures.
Insuchcircumstancestheinvestigationofthe complaint/allegation and any resulting action inrespectofchildprotection,disciplinaryorotherprocedureswillbecarriedoutin accordance with the guidance receivedfromtheLocalAuthority.
UseofForce4/12:PupilComplaints hasupdatedguidancethatifacomplaintismadethe onusisonthepersonmakingthecomplainttoprove that his/her allegations are true – it is not for the member of stafftoshowthathe/shehasactedreasonably.Suspensionmust
not be an automatic response when a memberof staff has been accused of using excessive force.
UseofForce4/12:Suspension statesthatifadecisionistaken to suspend a teacher or member of staff, the school shouldensurethatthe teacher has access to a named contact who can provide support. Governing bodies should always consider whether a teacher or member of staff has acted within the law when reaching a decision on whetheror not to takedisciplinaryactionagainstthem.Asemployers, schools and local authorities have a dutyofcaretowardstheiremployees,itisimportant that schoolsprovideappropriate pastoral care to any member of staff who is subject to aformal allegationfollowingauseof forceincident.
Parents have a right to be informed abouttheschool'scomplaintsprocedure.
WhistleBlowing
Whilst the training in Team Teach provided to all staff, encourages the use of help protocolsandreflectivepractice,itisacknowledgedthatundersomecircumstances, physicalinterventioncanbemisapplied.Staffare remindedthatpartoftheir duty of care to pupilsincludestherequirementto report any such matterswhichcausethemconcernin relation to pupil management and welfare. Any such concerns should be raised with the Head of ServiceorwiththeChairofEOTAS Management Committeein order to allow concerns to be addressed and practiceimproved.
Referencedocuments
DCSF,TheUseofForcetoControlorRestrainPupils–supersedesCircular10/98-
Guidance on the Use of Restrictive PhysicalInterventionsforPupilswithSevere BehaviouralDifficulties,JointGuidanceDfESandDoH,2003–
The Children’s Act 1989
ChildrenServices,SchoolsLearningPolicyonPositiveHandling andtheUseof
Reasonable Force 2008
UseofreasonableforceAdviceforheadteachers, staff and governing bodies4/12