Use of Reasonable

Force Policy

Contents

Page
Overview / 1
1Summary / 1
2Further Information / 1
3History / 1
4Approval / 1
5Review / 1
Key Information / 2
Primary Information / 4
1Policy / 4
1.1Policy Statement / 4
2Procedure / 4
2.1Prevention / 4
2.2Authorisation to Restrain / 4
2.3Where Force Can be Used / 5
2.4Reasonable Force / 5
2.5Incidents Where Restraint May be Used / 6
2.6Reporting and Recording Incidents / 7
2.7Post Incident Support / 7
3Complaints / 7
4Dealing with Members of the Public / 8
Appendices / 9
Appendix 1Use of Reasonable Force: Incident Record / 9
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May 2012 / Ref:POL0084

Use of Reasonable

Force

Overview

1Summary

This is a revised policy written to address legislative changes and guidance regarding the use of force and searching learners for weapons, particularly taking account of:-

  • Department for Education

The Use of Reasonable Force in Schools, 2012

  • Section 165 – Education and Inspections Act 2006 (insert section 85C into the Further and Higher Education Act 1992).
  • Screening and Searching of Pupils for Weapons 2007.

Reference should also be made to the College’s Screening and Searching for Prohibited Items policy

2Further Information

  • Director of Quality & Learner Services
  • Members of the SMT/CMT
  • Premises Staff
  • Learner Support and Liaison Officer.

2History

This is a revised policy replacing, the use of Force to Control and Restrain Policy 2008.

3Approval

The Policy was approved by the SMT on 8 May 2012 and the Corporation Board on 9 July 2012. .

4Review

The Policy will be subject to review, lead by the Director of Quality & Learner Services on a bi-annual basis. ■

May 2012 / Page - 1 - / Ref:POL0084

Use of Reasonable

Force

Key Information

  1. Using force to restrain or physically direct a learner should be regarded as a last resort. There are situations in which there is no safer alternative, but the College can minimise the chances of these arising by:

a)Creating a calm, orderly and supportive college climate that minimises the risk of violence of any kind.

b)An active approach to teaching learners how to manage strong emotions.

c)Having regard to avoiding actions that may be seen as inciting violence. For example, young men often respond better to females, or older men, than young male staff from whom any contact may be seen as a challenge.

d)Effective management of individual incidents. Staff should communicate calmly with the learner throughout the incident. They should use non-threatening verbal and body language to show that they are not acting out of anger, frustration or a desire to punish. They may need to seek colleagues’ support (for example to manage bystanders or other learners in a classroom) but should not leave the learner alone (unless they need to withdraw to protect their own safety). They should also ensure that a learner does not feel trapped. That can involve offering the learner options such as:

  1. Coming with the staff member to a quiet room away from bystanders so that the staff member can hear the learner’s concerns.
  2. Sitting down and having a drink of water.
  3. Being joined by a particular member of staff well known to the learner.
  4. Being joined by a friend or family member.
  1. However, preventive measures will not always work. There will be circumstances in which staff judge that the risks associated with not using force are greater than those associated with using force. The policy provides further guidance.
  1. What the Law Says

The relevant Section of the Education and Inspections Act 2006 is Section 165 (Power of members of staff of further education institutions to use force) which inserts section 85C into the Further and Higher Education Act 1992 (c13).“85C Power of Members of Staff to use Force”

A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a learner at the institution from doing (or continuing to do) any of the following, namely:

a)committing any offence,

b)causing personal injury to, or damage to the property of, any person (including the learner himself), or

c)prejudicing the maintenance of good order and discipline at the institution or among any of its learners, whether during a teaching session or otherwise. ►

May 2012 / Page - 1 - / Ref:POL0084

Use of Reasonable

Force

Key Information

  1. Who is Authorised to Use Force

The legislation gives statutory power to use reasonable force to any person who is a member of the staff of an FE institution in order to prevent a learner at that institution from doing or continuing to do certain prescribed things (see section 85C (1) and (5). ‘Member of staff’ in relation to an institution means any person who works at that institution whether or not as its employee). This includes:

  1. any member of the teaching staff;
  2. support staff including teaching assistants, assessors, technicians
  3. members of staff whose job does not normally involve supervising learners (such as catering or premises-related staff);
  4. security staff

In this guidance the terms “staff” and “member of staff” include all these people.

Section 165 of the Education and Inspections Act 2006 does not remove the common law right of any citizen in an emergency to use reasonable force in self-defence, to prevent another person from being injured or his property from being damaged.

Section 46 of the Violent Crime Reduction Act 2006 authorises a Principal or a member of staff authorised by him or her, to search a learner at a further education institution for a weapon if that person has reasonable grounds for suspecting that there is a weapon with the learner or in his or her possessions. Persons authorised by a Principal to search for weapons may use such force as is reasonable in the circumstances for exercising that power.

The Apprenticeships, Skills, Children and Learning Act 2009 extends powers to screen and search for weapons, alcohol, drugs and stolen items. Further extensions to this are currently being sought and are outlined in the Screening & Searching for Prohibited Items Policy (2012) ■

May 2012 / Page - 1 - / Ref:POL0084

Use of Reasonable

Force

Primary Information

1Policy

1.1Policy Statement

NorthLindseyCollege recognises that there may be occasions where staff are required to use force either to defend themselves or to protect others from injury.

However the use of force to restrain or physically direct another person should be regarded as a last resort.

Whilst there are situations in which there is no safer alternative, individual members of staff should try to minimise the chance of these arising by:

  • Creating a calm, orderly and supportive college climate that minimises the risk of violence of any kind.
  • An active approach to teaching learners how to manage strong emotions.
  • Having regard to avoiding actions that may be seen as inciting violence.
  • Effective management of individual incidents – remain calm, non threatening language.
  • Avoid any physical contact with any other person unless essential to teaching and learning process or normal working arrangements.

Preventative measures will not always work, therefore, in the circumstances where members of staff judge that the risks associated with not using force are greater than those associated with using force, they should follow the College’s guidance and procedures. Staff using any force who have been properly trained and follow the guidance and procedures will be fully supported by the College in the event of any legal action taken by a learner as a result of the application of force.

2Procedure

2.1 Prevention

The first step in the College’s response to emergency situations is prevention.

All staff are expected to be vigilant in the monitoring of others behaviour and act to prevent a harmful/violent and dangerous situation arising.

For learning areas, learners should be engaged in purposeful learning activities, where members of staff should be alert to changes in the climate of the learning environments and/or learner group’s dynamics and act to prevent negative tensions building. Members of staff are expected to reinforce the high standards of behaviour expected of learners through consistent engagement with learners acting outside of those standards.

In social or service areas all members of College staff should be proactive in approaching learners who are not following the College’s standards of behaviour.

2.2Authorisation to Restrain

All members of staff are authorised by the Principal to use necessary and reasonable force to prevent or stop a potentially harmful/violent or dangerous act taking place where the well-being of learners or another member of staff is at risk. The decision to restrain another individual is to be made solely by the member of staff and they do so under their own instruction/volition. There is no expectation for staff to intervene in a harmful/violent or dangerous situation where they feel their own well-being/health would be at risk. ►

May 2012 / Page - 1 - / Ref:POL0084

Use of Reasonable

Force

Primary Information

Restraint is where a necessary amount of force to prevent a person from causing damage/harm to themselves or others is used by a member of staff to stop their actions. All learners at the College, including under 16’s, can be restrained by members of staff. Where a member of staff has applied necessary restraint appropriately, the College would support their actions. In the event of a complaint against a member of staff in relation to the reasonable use of restraint where it had prevented, or was reasonably expected to prevent harm to others, the College would support the member of staff.

Members of staff should also be aware that if force was used against learners or members of staff that was not considered necessary and/or reasonable this may be viewed as a disciplinary offence and may result in dismissal.

In the event of a member of staff having to exercise a fine judgement, the benefit of the doubt would be exercised in favour of that member of staff.

Learners will be asked to leave and escorted from the Premises by Security if they are affecting general discipline.

2.3Where Force Can Be Used

Staff may only exercise the statutory power to use force where:

  • They and the learner are on College premises; or
  • They are off College premises but are in lawful control or charge of the learner (for example on a College visit).

Other than in these circumstances, staff have only common law rights to use force to defend themselves, persons or property (for example from a member of the public on site who is not covered by a learning agreement).

2.4Reasonable Force

There is no precise legal definition of what degree of force is reasonable, it will always depend upon the precise circumstances of the individual case; however the degree of force used should always be:

  • In proportion to the consequences it is intended to prevent; and
  • The minimum needed to achieve the desired result.

When reaching a decision about using force, staff will need to take into account relevant factors related to any special educational needs or disabilities a particular learner may have.

The Crown Prosecution Service view of reasonable force is:

A person may use such force as is reasonable in the circumstances for the purposes

of:

  • Self-defence; or
  • Defence of another; or
  • Defence of property; or
  • Prevention of crime; or
  • Lawful arrest.
  • Was the use of force justified in the circumstances, ie was there a need for any force at all? And
  • Was the force used excessive in the circumstances? ►

May 2012 / Page - 1 - / Ref:POL0084

Use of Reasonable

Force

Primary Information

2.5Incidents Where Restraint May Be Used

A member of staff may only use force to prevent a learner from doing (or continuing to do) certain prescribed actions, namely:

a)Committing a criminal offence.

b)Causing personal injury to, or damage to the property of any person (including the learner).

c)Prejudicing the maintenance of good order and discipline at the College.

Examples of situations that fall into categories a and b are:

  • A learner attacks a member of staff or another learner.
  • Learners are fighting.
  • A learner is committing, or on the verge of committing, deliberate or serious damage to property.
  • A learner is causing, or at risk of causing, injury or damage by accident, by dangerous play, or by misuse of dangerous materials or objects.
  • A learner is running or behaving inappropriately in a corridor or on a stairway in a way in which he or she is likely to have or cause an accident which may injure him or herself or others.
  • A learner (aged under the minimum school leaving age) absconds from a class or tries to leave the College other than at an authorised time. The judgement on whether to use force in this situation would depend on an assessment of the degree of risk to the learner if he or she is not kept in the classroom or college (age and understanding would be critical factors).

Examples of situations that fall into category c are where the learner:

  • Refuses to obey an order to leave the room.
  • Is behaving in a way that is seriously disrupting a lesson.
  • Blocks a door to prevent others from leaving.
  • Is using a mobile phone to disrupt a lesson ( a member of staff could forcibly confiscate the phone by removing it from a hand or desk).
  • Resists attempts to search him or her for a weapon.

Decisions on whether to use force must depend on judgements about:

  • The seriousness of the incident as judged by the effect of the injury, damage, or disorder, which is likely to result if force is not used.
  • The chances of achieving the desired result by other means.
  • The relative risks associated with physical intervention compared with using other strategies. ►

May 2012 / Page - 1 - / Ref:POL0084

Use of Reasonable

Force

Primary Information

2.6Reporting and Recording Incidents

Incidents should be reported immediately to the College Security Team and the Director of Quality & Learner Services who will determine the necessity of a written record using the following criteria:

  • Did the incident cause injury or distress?
  • Even if there was no apparent injury or distress, was the incident sufficiently serious in its own right to require a written record? Any use of restrictive holds would fall into this category.
  • Is a written record needed to be able to justify the use of force? This is particularly relevant where the judgement was very finely balanced.
  • Is a record needed to help identify and analyse patterns of learner behaviour?

Any injuries would also require the completion of the standard College Accident Form and details entering onto the College’s Accident and Incident Management System.

Written records should be recorded on the relevant incident form see Appendix A.

2.7Post Incident Support

Serious incidents can be upsetting and can result in injuries. Managers should ensure support by:

  • Providing first aid treatment on site or seeking medical assistance for injuries beyond basic first aid.
  • Transferring to hospital any person where further treatment is required or recommended. School pupils should be accompanied by a member of staff who should stay with them until they are ‘handed back’ to the school or their parent or guardian.
  • Ensuring that learners and staff who are affected by an incident have continuing support for as long as necessary by using the College’s existing support networks in respect of:

i)Physical consequences

ii)Support to deal with emotional stress or loss of confidence; and

iii)Analysing / reflecting on the incident.

  • Involving where required, multi-agency partnerships, the Local Authority and partner schools.

3Complaints

All complaints will be dealt with following the College’s standard complaints procedure.

Learners and their families have a right to complain about actions taken by College staff, including the use of force. An early discussion with the learner to make clear the College policy and reasons for actions taken may minimise the chances of a complaint, but will not prevent all. In such circumstances it will be for the Principal and Board of Governors (or if there was a prosecution, the Court) to decide whether the use and degree of force was reasonable in all the circumstances. Learners and their families may complain to the Police about unreasonable use of force. Such allegations may be referred to the Local Safeguarding Children Board. The College’s policy and records of such incidents would be central to any investigation. ►

May 2012 / Page - 1 - / Ref:POL0084

Use of Reasonable

Force

Primary Information

4Dealing with Members of the Public

Many colleges, like ours have an open campus with facilities open to the general public. It is likely therefore, that a person encountered on campus will be a member of the public and not linked to the College by a learning agreement. Such persons are outside the scope of Section 165 and the College would have to rely on common law rights, ie the right of any citizen in an emergency situation to use reasonable force in self-defence, to prevent another person from being injured or property being damaged.

-staff have common law rights to use force to defend themselves, persons, or property.

-Employers providing work experience placements for College learners have only common law rights to use force.

Reasonable force must be proportionate, but based on the reasonable belief it was necessary by reference to the circumstances at the time. ■

May 2012 / Page - 1 - / Ref:POL0084
/ Appendix A

Use of Reasonable Force – Incident Record

Details of learner(s) on whom force was used by a member of staff (name, course)
Date, time and location of incident
Names of staff involved (directly or as witnesses)
Details of other learners involved (directly or as witnesses), including whether any of the learners involved were vulnerable/LDD.
Description of incident by the staff involved, including any attempts to de-escalate and warnings given that force might be used.