PHYSICAL INTERVENTION POLICY July 2014 Date: July 2014 Prepared by: Ivan Schmidt Assistant Headteacher Ratified by: Students & Curriculum Committee Review date: July 2016 Physical Intervention Policy Reviewed July 2014 1
PHYSICAL INTERVENTION POLICY 1 INTRODUCTION 1.1 This policy has been prepared for the support of all teaching and support staff who come into contact with students at West Exe School. It is designed to explain the college s arrangements for care and control. Its contents will be made available to all parents/carers and students. 1.2 This policy has been developed in response to the recommendations of Circular 10/98 The Use of Force to Control or Restrain Pupils issued following the implementation of the Education Act 1996 (Section 550A). 1.3 This policy should be read in conjunction with other school policies (e.g. Behaviour Management, Child Protection) listed on the Teacher Toolkit and the Safeguarding staff booklet Sept 2014. 1.4 This policy was prepared after staff discussion and was accepted by the Governing Body on (see front cover). The responsible person for the implementation and review of this policy is Ivan Schmidt. 2 PURPOSE 2.1 Good personal and professional relationships between staff and students are vital to ensure good order in our college. It is recognised that the majority of students in our college respond positively to the discipline and control practised by staff. This ensures the well being and safety of all students and staff in the college. It is also acknowledged that in exceptional circumstances, staff may need to take action in situations where the use of reasonable force may be required. 2.2 This policy seeks to ensure that staff in West Exe School clearly understand their responsibilities in taking appropriate measures where reasonable force is required. It is essential that staff are well informed and appropriately updated to deal with these difficult situations. This policy will also be explained to students and made available to parents on request. 3 PRINCIPLES 3.1 All staff and students at West Exe School have a right to: be treated with respect and dignity work in a safe and healthy environment and be protected from harm receive adequate information, support and training 3.2 All staff and students at West Exe School should: follow the college s code of conduct, rules and policies Physical Intervention Policy - Reviewed July 2014 2
3.3 Parents of students attending West Exe School have a right to: expect staff to undertake their duties and responsibilities in accordance with college policies be informed about college rules, policies and expected conduct for all be informed of the college s complaints procedure 4 APPROPRIATE PHYSICAL CONTACT 4.1 West Exe School staff have a responsibility to act at all times in a manner which reflects positively on their professional status. 4.2 Whilst it is recognised that there are situations in which appropriate physical contact occurs in the college setting between staff and students, it must be understood that to undertake any form of physical control places staff in a vulnerable situation. It can only be justified according to those circumstances described in this policy. Staff therefore have a responsibility to seek alternative strategies wherever possible in order to prevent the need for physical intervention. 4.3 There are occasions when it is entirely appropriate and proper for staff to have physical contact with students, but it is crucial that they only do so in ways appropriate to their professional role. A no touch approach is impractical for most staff and may in some circumstances be inappropriate. When physical contact is made with students this should be in response to their needs at the time, of limited duration and appropriate given their age, stage of development, gender, ethnicity and background. Appropriate physical contact in college may occur most often with younger students. It is not possible to be specific about the appropriateness of each physical contact, since an action that is appropriate with one child in one set of circumstances may be inappropriate in another, or with a different child. Staff should therefore, use their professional judgement at all times. Physical contact should never be secretive, or for the gratification of the adult, or represent a misuse of authority. If a member of staff believes that an action could be misinterpreted, the incident and circumstances should be recorded as soon as possible and, if appropriate, a copy placed on the student s file. Extra caution may be required where it is known that a child has suffered previous abuse or neglect. In the child s view, physical contact might be associated with such experiences and lead to staff being vulnerable to allegations of abuse. It is recognised that many such children are extremely needy and seek out inappropriate physical contact. In such circumstances staff should deter the child sensitively by helping them to understand the importance of personal boundaries. The general culture of limited touch should be adapted, where appropriate, to the individual requirements of each child. Children with special needs may require more physical contact to assist their everyday learning. The arrangements should be understood and agreed by all concerned, justified in terms of the child s needs, consistently applied and open to scrutiny. Physical Intervention Policy Reviewed July 2014 3
4.4 Some staff, for example, those who teach PE and games, or who offer music tuition will on occasions have to initiate physical contact with students in order to support a child so they can perform a task safely, to demonstrate the use of a particular piece of equipment/instrument or assist them with an exercise. This should be done with the student s agreement. 4.5 There may be occasions when a distressed student needs comfort and reassurance. This may include age appropriate physical contact. Staff should remain self-aware at all times in order that their contact is not threatening, intrusive or subject to misinterpretation. Where a member of staff has a particular concern about the need to provide this type of care and reassurance s/he should seek further advice e from a senior manager. 5 BEHAVIOUR MANAGEMENT 5.1 All students have a right to be treated with respect and dignity. Corporal punishment is unlawful in all schools. Equally, staff should not use any form of degrading treatment to punish a student. The use of humour can hep to defuse a situation. The use of sarcasm, demeaning or insensitive comments towards students is not acceptable in any situation. 5.2 Reasonable force may only be permissible when it is necessary to prevent a student from: injuring themselves or others causing serious damage to property committing a criminal offence and where no other form of control is available and where it is necessary to intervene. 5.3 Examples of situations that fall within these categories are: a student attacks a member of staff, or another student students are fighting a student is engaged in, or is on the verge of committing, deliberate damage or vandalism to property a student is causing, or at risk by causing, injury or damage by accident, by rough play, or by misuse of dangerous materials or objects Please note that a physical attack on a member of staff will lead to permanent exclusion. 5.4 Staff should not use force to maintain order or to avoid damage to property unless the young person s actions pose a threat to themselves or another. 6 REASONABLE FORCE Please read all the sections below as 6.3 adds helpful detail and explanation to 6.2. 6.1 There is no legal definition of reasonable force. So it is not possible to set out comprehensively when it is reasonable to use force, or the degree of force that may reasonably be used. It will always depend on all the circumstances of the case. 6.2 Staff may use force to control students and to restrain them. Control means either passive physical contact, such as standing between students or active physical contact such as leading a student (who is about to cause harm to others) by the arm out of a classroom. Restraint means to hold back physically or to bring a student under control. It is typically used in more extreme circumstances, for example when two students are fighting and refuse to separate without physical intervention. Physical Intervention Policy - Reviewed July 2014 4
6.3 There are two relevant considerations: the use of force can be regarded as reasonable only if the circumstances of the particular incident warrant it. The use of any degree of force is unlawful if the particular circumstances do not warrant the use of physical force. Therefore physical force could not be justified to prevent a student from committing a trivial misdemeanour, or in a situation that clearly could be resolved without force. the degree of force employed must be in proportion to the circumstances of the incident and the seriousness of the behaviour or the consequences it is intended to prevent. Any force used should always be the minimum needed to achieve the desired result. 6.4 Whether it is reasonable to use force, and the degree of force that could reasonably be employed, might also depend on the age, understanding, and sex of the student. 7 PRACTICAL CONSIDERATIONS 7.1 Before intervening physically a member of staff should, wherever practicable, tell the student who is misbehaving to stop and what will happen if he or she does not: are you trying to hurt him/her? I will need to separate you. The member of staff should continue attempting to communicate with the student throughout the incident and should make clear that physical contact or restraint will stop as soon as it ceases to be necessary: please drop the (implement)/lower your hands so I can stop restraining you please stop struggling so I can release you. A calm and measured approach to a situation is needed and the member of staff should never give the impression that they have lost their temper, or are acting out of anger or frustration, or to punish the student. 7.2 Sometimes a member of staff should not intervene in an incident without help (unless it is an emergency). For example, when dealing with an older student, or a physically large student, or more than one student, or if the member of staff believes he or she may be at risk of injury. In those circumstances the member of staff should remove other students who might be at risk, and summon assistance from a colleague or colleagues, or where necessary telephone the Police. The member of staff should inform the student(s) that he or she has sent for help. Until assistance arrives the member of staff should continue to attempt to defuse the situation orally, and try to prevent the incident from escalating. 7.3 Staff should always avoid touching or holding a student in a way that might be considered indecent. 7.4 Where the risk is not so urgent the member of staff should consider carefully whether, and if so when, physical intervention is right. The member of staff should always try to deal with a situation through other strategies before using force. All members of staff need to develop strategies and techniques for dealing with difficult students and situations which they should use to defuse and calm a situation. In a non-urgent situation force should only be used when other methods have failed. 7.5 Any action which could exacerbate a situation needs to be avoided. The possible consequences of intervening physically, including the risk of increasing the disruption or actually provoking an attack, need to be carefully evaluated. 7.6 All peripatetic teaching staff and visiting staff will work within the policy of their own service which should reflect that of West Exe Technology College. Whilst on Physical Intervention Policy Reviewed July 2014 5
college premises they will be expected to follow the procedures of the school and report any incidents in which they are involved in accordance with their service policy. Peripatetic staff in a school have the same duty of care as other staff in the school. 7.7 Where there is no risk of injury to self or others, staff should not prevent a student intent on leaving the classroom, by standing in their way or blocking the exit. 7.8 Staff should never use the seated double embrace which involves two members of staff forcing a person into a sitting position and leaning them forward, while a third monitors breathing. 8 TRAINING SUPPORT 8.1 It is the duty of the Headteacher to ensure adequate updating is provided for all authorised staff, teaching and non-teaching, in order to operate this policy. Responsibility for co-ordinating this training will be the responsibility of the school lead for Continued Professional Development (CPD). 8.2 Members of staff will not normally be expected to undertake the use of reasonable force without knowledge of the college policy. Extracts of this policy are included in the Safeguarding staff booklet Sept 2014. All staff will be fully briefed as part of their induction to the college and prior to authorising their participation. Updating will include clarification of the circumstances when physical intervention should be used. 8.3 In an emergency, staff may have to intervene in circumstances outside of their previous training or experience. This would only be in the most exceptional circumstances and only to deliver a duty of care to prevent injury. 8.4 Staff involved in incidents of physical intervention will be offered the opportunity to access personal support, including counselling, at their request to the Headteacher. Physical Intervention Policy - Reviewed July 2014 6
9 RECORDING AND REPORTING 9.1 As soon is reasonably practicable following an incident in which physical restraint has been used, and within 24 hours, the member of staff involved will inform the Headteacher following this up with a written report. Staff involved will be debriefed as soon as is appropriate after the incident by a member of the Senior Management Team. 9.2 West Exe Technology College will keep an up to date record of all incidents where reasonable force has been used in the college s physical intervention log. 9.3 All parents, carers and where appropriate social workers, will be informed as soon as possible. Physical Intervention Policy Reviewed July 2014 7
Appendix 1 BR113 REPORT OF INCIDENT INVOLVING PHYSICAL RESTRAINT School: Date of Incident: Time: Student Involved: Staff Involved: Student Witnesses: 1. Antecedent Behaviour: Describe circumstances leading up to incident, with particular reference to attempts to avoid physical handling. refer to presence of other adults (if applicable). Physical Intervention Policy - Reviewed July 2014 8
2. Handling: State clearly the grounds on which physical force was used. Describe how the student was held, with approximate duration. If more than one member of staff was involved, each should record their actions separately and attach such records to this form. 3. Subsequent Behaviour: Describe student s behaviour from point when hold was released until either supervision was handed over to someone else, or normal activities were resumed. 4. Injuries (include details of medical attention): To student: To staff: Signed: Date: Physical Intervention Policy Reviewed July 2014 9
PHYSICAL CONTACT BETWEEN STAFF AND STUDENTS DOs and DONT s DO Know the school policy and other related policy documents Discuss with a senior member of staff if you are unsure about any aspects of the policy Be aware of students individual characteristics Assess the situation before acting Stay calm and do not over-react Remember that you have an obligation to safeguard the welfare of students in your care Consult your Professional Association or Trade Union if you have any concerns Report concerns over physical contact between other staff and students to your Line Manager Record any serious incidents in the appropriate format as soon as possible DON T Place yourself at risk through your actions Act in anger Have physical contact with a student in a private situation Have frequent physical contact with the same student Allow situations to get out of control Physical Intervention Policy - Reviewed July 2014 10
REFERENCES Circular number 10/98, Section 550A of the Education Act 1996: the Use of Force to Control or Restrain Students. Ref: LA/0242/2002, 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 DFES DH (Department of Health July 2002 BILD 2001, BILD Code of Practice for Trainers in the Use of Physical Interventions: Learning Disability; Autism; Pupils with Special Education Needs BILD 2002, Early Guide to Physical Interventions for People with Learning Disabilities, their Carers and Supports ISBN 1 90251 97 3 BILD Fact Sheet No 10, Physical Interventions http://www.bild.org.uk July 2002 Physical Intervention Policy Reviewed July 2014 11