Co-op Academy North Manchester

Positive Handling Policy

Policy details

• Date created - April 2021
• Date reviewed - August 2023
• Date approved - September 2023
• Next review date - September 2025
• Policy owner - Ashley Burkitt [North Manchester]

Contents

Introduction        2

Principles        2

Purpose        3

Our Approach        3

Use of Restrictive Physical Intervention        4

Responsibility of Staff        5

Personal Safety        5

Positive Behaviour Support        6

Seclusion, Time Out and Withdrawal        6

Restrictive Physical Interventions and Risk Assessment        7

Training        7

Actions and Support after an Incident        7

Debriefing Arrangements        8

Arrangements for Informing Parents        8

Monitoring Incidents        9

Searching Pupils        9

Complaints and Allegations        10

Whistleblowing        10

Key Legal References        10

Appendix i - PBSP Proforma        11

Appendix ii - Restrictive Physical Intervention Form        14

Introduction

Behaviour is always a form of communication. Understanding that children are communicating through their behaviour gives adults the opportunity to respond differently. When children feel valued, respected and have their needs met, there is no longer a reason to use challenging behaviour to communicate. Punishing a child for a behaviour may stop the behaviour for the moment, but it does not give the child support or provide alternate ways to act in difficult situations. When adults help children find positive ways to communicate their needs to others, children learn important social and problem solving skills that will help them throughout their life.

At Coop Academy North Manchester we are committed to a positive behaviour policy which encourages pupils to make positive choices and staff are given support to meet the expectations set out in the Code of Conduct. We firmly believe that, in most instances, staff should not use any form of restrictive physical intervention on pupils. The need for physical use of force is regarded as a last resort in managing any situation. This policy should be read in connection with the academy Behaviour Policy which sets out how we will ensure that there is a positive climate for learning and how we will intervene at the earliest possible moment to limit the need for staff to use force.

Co-op Academy North Manchester however,  recognises that there is a need, reflected in common law, to physically intervene when there is an obvious risk to the safety of pupils, staff and property. This applies both on and off site. If used at all, the use of force to control or restrain pupils will be used in the context of a respectful, supportive relationship, in order to ensure minimal risk of injury to pupils and staff.

This policy is based on the following advice and guidance:

• The Education Act (1996)

• The Education and Inspections Act (2006)

• Use of reasonable force – advice for head teachers, staff and governing bodies (DfE, July 2013)

• Searching, screening and confiscation – advice for head teachers, school staff and governing bodies (DfE, January 2022)

• When To Call The Police – guidance for schools and colleges (NPCC, 2020)

This policy should also be read in conjunction with the Academy policies for:

• Behaviour
• Staff Code of Conduct
• Safeguarding and Child Protection

And the trust policies for:

• Violence and Assaults Against Colleagues
• Exclusions
• Whistleblowing

Principles

Our policy for physical intervention is based upon the following principles:

• Physical intervention should be used only as a last resort when other appropriate strategies have failed; and only where it would be lawful to do so
• Any physical contact should be only the minimum required
• Physical intervention must be used in ways that maintain the safety and dignity of all concerned
• Incidents must be recorded and reported to the headteacher as soon as possible
• Parents / Carers will be informed on the day of the incidents
• Staff will be trained to intervene safely by an accredited Team Teach provider

• Where pupils are identified to be likely to exhibit unsafe behaviours, individual plans are in place - identifying deescalation strategies and recommended Team Teach holds.

Purpose

This policy aims to set out the exceptional circumstances where restrictive physical intervention of pupils will be absolutely necessary.  The Education Act of 1996 and the Education and Inspections Act of 2006,  clarify the powers of teachers, and other staff in school, to use reasonable force to prevent pupils from:

• Causing injury to his/herself or others;  
• Committing an offence;  
• Damaging property;  
• Prejudicing the maintenance of good order & discipline.

Our approach  

At Co-op Academy North Manchester we aim to avoid the need for physical intervention and regard this as a last resort in managing situations. We always aim to deal with behaviour using a positive approach and therefore this policy should be read in connection with our Behaviour Policy.  Throughout this policy we refer to ‘restrictive physical intervention’ as this is the widely recognised term used when we have to hold children to keep them safe. However, we should always avoid using language of  ‘restriction’ when we talk to children, parents and staff. We want our staff and families to understand that if we do need to resort to physical intervention, that we are doing this to keep children safe and therefore would use this language, in practice.

It is not possible to define every circumstance in which physical restraint would be necessary or appropriate and staff will have to exercise their own judgement in situations which arise within the above categories. Staff should always act within the Academy’s policy on behaviour and discipline, particularly in dealing with disruptive behaviour.  

Staff should be aware that when they are in charge of children during the school day, or during other supervised activities, they are acting in loco parentis and have a duty of care to all children they are in charge of. They must, therefore, take reasonable action to ensure all pupils’ safety and wellbeing and have a lawful justification for taking reasonable physical steps to prevent injury to any person, or damage to property. Taking no action which results in a person being injured, could leave a member of staff open to an allegation that they were in neglect of their duty of care.

Staff will always follow the principle in The Children’s Act whereby the safety and wellbeing of the children is paramount. Staff will act in accordance with the ‘best interests principle’, acting honestly and in good faith to protect what they perceive to be in the best interest of the child(ren)..

Staff are not expected to place themselves in situations where they are likely to suffer injury as a result of their intervention. Staff should understand the importance of listening to and respecting children to create an environment that is calm and supportive, especially when dealing with children who may have emotional and behavioural needs, which may increase their aggression. All staff should understand the importance of responding to the feelings of the child, which lie beneath the behaviour, as well as the behaviour itself.  

Staff will act in the best interests of all concerned, balancing the need to keep physical intervention to a minimum with the need to keep all pupils safe.

Staff should understand the importance of listening to and respecting pupils to create an environment that is calm and supportive, especially when dealing with pupils who may have emotional and behavioural needs, which may increase their aggression. All staff should understand the importance of responding to the feelings of the pupil, which lie beneath the behaviour, as well as the behaviour itself. However, there may be occasions where staff will need to intervene in order to keep children safe. We want our staff to be confident in managing situations where they may need to physically intervene in order to ensure that pupils are kept from harm. This is a difficult balance. Our responsibility is first and foremost about protecting the pupils in our care. Staff are expected to exercise their professional judgement in any situation involving challenging behaviour.

If a pupil reaches crisis point and is behaving in a way that is unsafe either to themselves or to others then every non-physical strategy will be used to manage the behaviour positively to prevent a deterioration of the situation. Staff should view physical intervention with a child as a ‘last resort’ and for the purposes of maintaining a safe environment.  

Examples of situations where positive handling may be appropriate include:  

• when a pupil attacks member of staff;  
• when a pupil attacks another pupil;  
• when a pupil is engaging in, or on the verge of, committing deliberate damage or vandalism to property;  
• when a pupil is causing or at risk of causing injury or damage by accident, by rough play or by misuse of dangerous materials or objects;  
• when a pupil is at risk of absconding from class or tries to leave the school
• when a pupil persistently refuses to obey an order to leave a classroom
• when a pupil is seriously disrupting a lesson

Refusal of a pupil to remain in a particular place is not enough on its own to justify force. It would be justifiable where allowing a pupil to leave would:  

• entail serious risks to the pupil’s safety (taking into account age and understanding), to the safety of other pupils or staff, or of damage to property.  For example, a child who is unable to understand road /community safety due to age or need would be at serious risk if not prevented from leaving the building.

Use of physical restraint

Restrictive physical intervention should be applied as an act of care and control with the intention of re-establishing verbal control as soon as possible and, at the same time, allows the pupil to regain self-control. It should never take a form which could be seen as punishment.  Staff response to an incident should seek to employ a gradually increasing or decreasing level of force in response to a pupil’s behaviour as set out in the pupil’s Positive Behaviour Support Plan (PBSP).

Staff are only authorised to use reasonable force in applying physical restraint, although there is no absolute definition of this. What constitutes reasonable force depends upon the particular situation and the pupil to whom it is being applied. Teachers should apply the training they receive to de-escalate where possible. However, as a general rule, only the force necessary to stop or prevent danger should be used, in accordance with the guidelines below and should only be used when the risks involved in doing so are outweighed by the risks involved in not using force.  In order to ensure that our practices are open and transparent, staff must ensure that they document the hold which will also include reasons and justifications for the decisions to physically intervene. Only those holds for which staff have been trained may be used.

Staff need to be aware that they are required to justify their decisions in writing through the recording and reporting procedures outlined later in this policy

When circumstances justify, staff as a last resort, may:-

• physically interpose between pupils
• block a pupil’s path
• hold a pupil in a controlled manner
• use escorting techniques in a controlled manner
• in extreme circumstances, use more restrictive holds

During any incident when physical restraint becomes necessary:

Do

• Ask a pupil to stop doing what they are doing and explain it is unsafe
• Use simple and clear language
• Explain to the pupil that you are going to intervene physically to keep them safe
• Wherever possible, seek assistance from another member of staff to witness and support
• Use the least restrictive hold, for the minimum amount of time, using therapeutic language
• Continue to use all available verbal and non-verbal support and de escalation strategies
• Remind the pupil that you are holding them to keep them safe
• Protect the pupil’s dignity
• Ensure that their hold is reasonable, necessary and proportionate

 Staff will never:

• Act in anger (involve another member of staff if you fear loss of control)
• Use physical intervention or force in order to inflict any pain e.g.

• holding a pupil around the neck, by the collar or in any way that could restrict breathing
• punching, kicking or slapping a pupil
• holding or pulling a pupil’s hair
• twisting a pupil’s limbs or forcing limbs against a joint
• the ‘double basket hold’ which involves holding a pupil’s arms across their chest

• Get involved in prolonged verbal exchanges with pupils
• Involve other pupils when using restrictive physical interventions
• Use holds that have not been taught or are not authorised by Team Teach
• Use restrictive physical intervention or intervention as punishment or to gain compliance

Team-Teach Ground Recovery Holds are advanced techniques and carry elevated levels of risk. As part of our commitment to safeguard our pupils, these holds are only used when exceptional circumstances require them. In the rare instance that these holds are required, only staff who have had the specialist additional training will administer them.

Responsibility of staff

The Education and Inspections Act authorises all staff at the school to use reasonable force to control or restrain pupils. The Head Teacher/ Principal will ensure that all staff are aware of, and understand, what the authorisation entails.  At Coop Academy North Manchester we will ensure that staff who are required to use restrictive physical intervention will have received appropriate training via Team Teach trainers.

Where a pupil is recognised as likely to behave in ways which may require physical control, staff should initiate the production of a Positive Behaviour Support Plan (see Appendix). This is the document which captures a pupil’s likely triggers, and the specific de-escalation strategies and the restrictive holds which should be used. In addition, if a pupil presents a safety risk to themselves and/or others, an Individual Pupil Risk Assessment (IPRA) must be completed to record the potential risks and how these are mitigated. These plans will be drawn up in conjunction with the SEND coordinator and shared with all relevant staff in school. It will also be made available and discussed with the named pupil, parents/carers and other relevant stakeholders (e.g. social worker). These plans must be followed and implemented by all members of staff. IPRA.

Any force used must be appropriate in the sense that a ‘reasonable adult’ should think it suitably addresses the tariff level of challenging behaviour. It should always be the last resort and in no circumstance be used in anger and/or to inflict pain.

.

Adults must avoid putting themselves into physical danger. If self-defence is necessary then the minimum force must be used.

Under the Health and Safety at Work Act 1974, employees have a responsibility to report any circumstances which give rise to an increased risk to their health and safety. Staff who have, or acquire, permanently or temporarily, any medical condition that may impact on their ability to carry out pupils PSPs have a duty to report these to the Headteacher immediately, as there may be an impact on their own safety and that of colleagues and/or pupils.

If, during an incident where reasonable force has been used, a person is injured, they must be seen by a first aider and the First Aid Policy should be followed. Any pupil injuries must be recorded on the Restrictive Physical Intervention form. For adults, this must be reported to their line manager and relevant members of staff - either by themselves or by another member of staff. All violent incidents must be recorded via the Parago FM system. This two part form firstly records the incident in detail. The second part of the form details the relevant management actions which will mitigate any future recurrences. The ‘Violence and Assaults Against Colleagues’ trust policy provides more detail.

Personal Safety

There may be times when a member of staff may need to defend themselves from a physical assault or ‘break away’ from a child who has taken hold of them. It is acknowledged that with some disengagement techniques pupils may encounter some minimal discomfort when appropriate release techniques are used. However, this is very brief, transient and poses less of a risk than the behaviour they are employed in response to, e.g. biting.

All staff will be given input on key skills and principals regarding personal safety and self-defence, as part of their ongoing training.

Positive Behaviour Support Plans (PBSP)

Where behaviour records and/or risk assessment identifies a need for a planned approach, PBSPs are written for individual children and where possible, these will be designed through multi agency collaboration in conjunction with the pupil and their parent/carer. With parental consent, these plans may be shared with other agencies/services supporting the child to facilitate consistency of approach so far as is possible.

Where a PBSP is required, a meeting will take place between the school, the child, their parent/carer and any other stakeholder/service where appropriate, to set out a written plan that will identify the key drivers and trigger points from the pupil’s behaviour and a gradual and graded system of staff response which may include the application of gradually increasing or decreasing levels of force in response to the pupils behaviour. The purpose of the PBSP is to provide all staff with the necessary information to deal with behaviour effectively and consistently, avoiding the need for any physical intervention. The plan needs to cover this however, in the event that all else has failed.

Positive behaviour Support describes a broad spectrum of risk reduction strategies. Positive Behaviour Support is a holistic approach involving policy, guidance, management of the environment, and deployment of staff. It also involves personal behaviour, diversion, diffusion and de-escalation. Positive Behaviour Support Plans are a plan for the positive management of pupils challenging behaviour. They are based on a risk assessment and identify positive prevention strategies and how a pupil may need to be supported in a crisis.

• Physical intervention – the use of any physical handling techniques that has the pupils compliance, eg promoting, shepherding

• Restrictive physical interventions (RPI), Restraint – the positive application of force in order to overcome rigorous resistance, completely directing and controlling a person’s free movement.  

 i.e the pupil is no longer compliant

A planned intervention is one that is described/outlined in the pupil’s PBSP. This should cover most interventions, as possible scenarios will be identified and planned for when the PBSP is drawn up. These interventions may include the use of Team Teach physical intervention techniques.

An emergency physical intervention may be necessary if a situation arises that was not foreseen or is uncharacteristic of the pupil. Members of staff retain their Duty of Care to pupils and any response, even in an emergency, must be proportionate to the circumstances.

Where behaviour records identify a possible need for restrictive physical intervention, PBSPs are written for individual pupils and where possible, these will be designed through multi agency collaboration in conjunction with the pupil and their parent/carer. With parental consent, these plans may be shared with other agencies/services supporting the pupil to facilitate consistency of approach so far as is possible. Where a pupil presents a risk to themselves and/or others, an IPRA will be created.

Staff should use the minimum force necessary to prevent injury and maintain safety, consistent with the training they have received. Following any such incident, a PBSP will be devised (or the existing plan be updated) to support effective responses to any such situations which may arise in the future.

Managing challenging behaviour

Co-op Academy North Manchester also recognises that there is a need, reflected in common law, to physically intervene when there is an obvious risk to the safety of children, staff and property. This applies both on and off setting sites. If used at all, the use of force to control or restrain pupils will be used in the context of a respectful, supportive relationship with the child in order to ensure minimal risk of injury to children and staff. If possible, the use of restraint needs a second adult present to assist with and/or witness the incident– restraint means to hold back physically or to bring a pupil under control – if there is no other choice but to do so it should be for the shortest amount of time possible whilst waiting for help and assistance from other staff.

Seclusion, Time Out and Withdrawal

With reference to the DFE guidance of September 2022, the strategies of ‘time out’ and ‘withdrawal’ may be used in order to support positive behaviour. The use of withdrawal and time out are detailed in the Academy Behaviour Policy. Coop Academy North Manchester does not support the use of seclusion as a behaviour management tool. It is important to understand the distinctions between these:

• Seclusion: Where an adult or child is forced to spend time alone, unsupervised, against their will and where they are unable to leave (e.g. a locked room). Coop Academies do not support this approach.

• Time out: involves restricting the young person’s access to positive reinforcements as part of their PBSP, in a room or area that they may freely leave.  It is a specific behaviour management technique and does not necessarily mean time spent out of the class/group, but rather refers to a withdrawal of attention and/or things they find rewarding.  It could be as simple as turning away from a child who is attention seeking, or positioning a child away from the class/group). This withdrawal of attention could also be achieved by having a pupil escorted to another class/group or a quiet area. Pupils should not be sent out to spaces on their own if they are at risk of hurting themselves or others or are unable or unwilling to follow instructions.

• Withdrawal: Which involves removing the child from a situation which causes anxiety or distress to a location where they can be continuously observed and supported until they are ready to resume their usual activities. This can mean removing a child from the class/group to allow them time to calm down or to prevent a situation from escalating. This could be time in the playground, a quiet room, an office or another classroom - supervised by a supportive member of staff. They may need time away from staff and pupils (either on their own or in another class/group) in order to break the cycle/[pattern of their behaviour or to reduce their level of anxiety/distress. This ‘quiet time’ could be time in the playground, a quiet room, or sitting in an office supervised by a member of the leadership team.

Restrictive Physical Interventions and Risk Assessment

Both challenging behaviour and RPI will involve a risk to both staff and pupils. A risk assessment aims to balance these risks. The aim of the individual pupils PBSP and of this policy is to reduce the risks associated with pupils challenging behaviour as far as it is reasonably practicable – the risks associated with the behaviour itself and the risk of managing that behaviour. The risks of employing an intervention should be lower than the risk of not doing so.

Pupils whose challenging behaviour may pose a risk to staff or pupils will be subject to an Individual Pupil Risk Assessment IPRA and will have a PBSP drawn up as a result of this. These will be shared with all staff and stored in the staffroom.

For any extremely challenging pupils, they may have Team-Teach Ground Recovery Holds written into their PBSPs. These are advanced techniques and carry elevated levels of risk. As a result, these are only considered as a possibility if a comprehensive risk assessment indicates that there is a foreseeable risk of serious injury due to a pupils behaviour if their behaviour cannot be controlled in any other way. There are very clear and strict safeguards for these circumstances and a multidisciplinary meeting  would be called prior to a  ground hold being advised for a pupil. These techniques would not be part of a planned response without consultation with parents/carers. Without parental support for the planned intervention, an alternative provision may need to be found. Staff who may need to use these advanced techniques will receive additional advanced training.

Training

Training on managing behaviour at some level will be available for all staff at Co-op Academy North Manchester. Arrangements for training will be made clear as part of the induction of staff and training will be provided as part of on-going staff development.

Coop Academies are committed to using Team Teach. Team Teach Ltd is a training provider accredited through the Institute of Conflict Management (ICM).

An appropriate number (minimum of 4) of staff at Coop Academy North Manchester will receive Team Teach training to support where physical intervention is necessary. The headteacher will decide what an appropriate number of staff is for their setting. All staff will receive the basic training in the use of de escalation techniques.  The vast majority of the Team Teach training involves the use of non-physical, deescalation strategies and staff are supported to understand the nature of complex behaviours and how to support the pupils. It is the responsibility of the headteacher to ensure that appropriate training is kept up to date. All special schools provide all staff with full Team Teach training.

Actions and support after an incident

Incidents outlined in this policy often occur in response to highly charged emotional situations and there is a clear need for debriefing after the incident, both for the staff involved and the pupil.  The Headteacher (or the senior teacher designated to act in their place when they are absent) should be notified of any incident immediately and will take responsibility for making arrangements for debriefing once the situation has stabilised. An appropriate member of staff should always be involved in debriefing the pupil involved and anyone injured as a result of the incident should be offered support.  

All incidents of RPI should be recorded as soon as possible on the Restrictive Physical Intervention Google Form). Special schools may choose to upload these to Behaviour Watch. Mainstream schools (and special schools not using Behaviour Watch) will record a summary of the RPI on Arbor. All sections of this report should be completed so that any patterns of behaviour can be identified and addressed. In the event of any future complaint or allegation, this record will provide essential and accurate information. Witnesses (both pupil and staff) may be asked to provide a written account if appropriate. This should be kept with the RPI form.

If the behaviour is part of an ongoing pattern it may be necessary to address the situation through the development of a PBSP, which may include an anger management programme, or other strategies. This may require additional support from other services.  

In some circumstances an Education,Health, |Care Assessment (EHC) may be appropriate to help identify an additional need for a particular child.

All incidents of RPI should be recorded as soon as possible on the Positive Handling Record sheet for (attached). All sections of this report should be completed so that any patterns of behaviour can be identified and addressed. In the event of any future complaint or allegation this record will provide essential and accurate information.

A copy of the form will be scanned onto the pupils CPOMS record and logged under the category ‘Physical restraint/Care and control’ The original will be stored in a secure file with the Headteacher/Principal and may be used in order to inform individual and school risk assessments.    

The Principal/Head Teacher will ensure that each incident is reviewed and investigated further as required. If further action is required in relation to a member of staff or a pupil, this will be pursued through the appropriate procedure:

• Review of the Pastoral Support Plan / Positive Behaviour Support Plan and / or risk assessment
• Child Protection Procedure (this may involve the police and/or Social Care)
• Staff or Pupil Disciplinary Procedures
• School Behaviour Policy
• Exclusions Procedure in the case of violence or assault against a member of staff (on case by case basis - see trust Exclusions Policy)

The member of staff will be kept informed of any action taken.  In the case of any action concerning a member of staff, she/he will be advised to seek advice from her/his professional association/union.

In the case of any action concerning a member of staff, she/he will be advised to seek advice from her/his professional association/union.

There may be occasions where physical intervention could be perceived in a negative way; please discuss with your line manager and record if appropriate.

A member of the leadership team or an appropriate member of staff (under the direction of the headteacher) will contact parents as soon as possible after an incident, and usually (unless exceptional circumstances prevent this) on the same day, to inform them of the actions that were taken and why, and to provide them with an opportunity to discuss it.  

Recording an incident

All incidents where staff feel that they have used force to modify behaviour or conduct should be recorded. It is not necessary to record every incident of contact with a child, but where a member of staff perceives that contact has been received at all negatively, they are advised to record the circumstances.  

Positive Handling Forms are available from the shared ‘Positive Handling’ google drive and should be submitted to the Principal. It is the responsibility of the intervening member of staff to complete the record form on the day that the intervention took place or the next day if appropriate.

The Restrictive Physical Intervention record will be scanned onto the pupils CPOMS record and logged under the category ‘Physical restraint/Care and control’ The original will be stored in a secure file with the Headteacher/Principal a copy may also be held on the record of the pupil.

Restrictive Physical Intervention will need to be recorded on Arbor as well as using the Google form.  

Child witnesses may also be asked to provide a written account if appropriate.  

A copy of this will be kept on the child’s file and retained in line with guidance on keeping educational records. The school will maintain a report of any injuries to the child or staff and seek medical intervention immediately if necessary.

Debriefing Arrangements

The child/young person and the member of staff will be checked for any sign of injury after an incident. First aid will be administered to anyone who requires it, or medical treatment obtained.

• The pupil will be given time in a quiet and calm space where staff continue to supervise them.
• When the child regains complete composure, a senior member of staff will allow the person to tell us what has happened first.
• they will then be given our (or others) perspective of the situation.
• Through careful questioning, we will connect the behaviour to the drivers, i.e. we will seek to discover not just what happened but why it happened.
• We will explore alternative ways that a situation could have been dealt with
• We will ensure that plans are put in place (or reviewed if a PBSP already exists) to help us deal with any future incidents
• We will consider the emotional well being of the person and how best to re-engage them back to their normal working environment

The pupil will be given appropriate support after the incident and time to de-escalate. When they are ready, they will be invited to share their views and supported in giving a full account of what happened. Staff will attempt to establish the cause of the incident escalating and will look at ways that the risk of this happening could have been reduced. Where necessary, plans will be put in place to deal with future incidents (including a PBSP review; an IPRA or a new plan being drawn up). At all times, the well-being of the pupil will be at the forefront of the debrief.

All necessary steps will be taken to re-establish the relationship between the child and the member(s) of staff involved in the incident. In cases where it is not possible to speak to the pupil on the same day as the incident occurred, the debrief will take place as soon as possible after the child returns to school.  

All members of staff involved should be allowed a period of debrief and recovery from the incident. A senior member of staff (or their nominee) will provide support to the member(s) of staff involved.  

The Head teacher (or their nominee) will initiate the recording process if not already under way and review each incident to ensure that any necessary lessons are learned.  

Arrangements for informing parents

All parents/carers will be informed immediately after an incident where Restrictive Physical Intervention has been applied with a child. Parents/carers will need to be notified sensitively and to be made aware of the full circumstances.    If a pupil is looked after, or under a child protection plan, the pupil’s social worker will also be informed of the incident.

Parents/carers should be informed of the school’s policy regarding positive handling and their behaviour policy.

Staff who work with particular children who have learning or physical disabilities (and who have

Individual Education Plans, Individual Behaviour Plans and/or Pastoral Support Plans), may need to use specific techniques routinely to manage challenging behaviour. Such arrangements must be discussed with parents/carers in advance on an individual basis using PBSP. All interventions will be routinely recorded and monitored with the expectation that steps are taken to reduce the number of restrictive physical interventions year on year.

Monitoring Incidents

Whenever a member of staff has occasion to use reasonable force, this will always be recorded and documented following agreed procedures. Monitoring of incidents will help to ensure that staff are following the correct procedures and will alert the Head Teacher/Principal to the needs of any pupil(s) whose behaviour may require the use of reasonable force.

Monitoring of incidents will take place on a regular basis and the results used to inform planning to meet individual  pupil and school needs.

Searching pupils –  Power to search pupils without consent

Staff have the power to conduct a non-intimate search (i.e. instructing the pupil to empty pockets etc. and where only outer clothing is removed), and to search their lockers, bags or coats, with consent from the pupil themselves. The age and ability of the pupil should be taken into account. Parent / carer consent is not required and consent does not need to be in writing or formally recorded.

The Headteacher, and those authorised by the Headteacher, have the power to search without consent if they have reason to believe there may be “prohibited items” in the pupil’s possession. This includes:

• knives and weapons  
• alcohol  
• illegal drugs  
• stolen items  
• tobacco and cigarette papers  
• fireworks  
• pornographic images  
• any article that has been or is likely to be used to commit an offence, cause personal injury or damage to property.  

In addition to the general power to use reasonable force described in this policy, Headteachers and those authorised by the Headteacher can use reasonable force to conduct a search for these prohibited items, if a pupil refuses a search.  Force cannot be used to search for items banned under the school rules. Under these circumstances, the Education Act 2011 extends the power of staff to search students without their consent. Students will be offered the opportunity to have their parents/carers present.  Coop Academy North Manchester will always carefully weigh up the likely risk of not searching a pupil, with the potential to cause the pupil distress. As with all physical intervention we always look for the minimum intervention.

The police will always be informed on the discovery of any illegal or dangerous item and efforts will be made to work with the police to determine where the item(s) came from. Wherever possible, searches will be carried out by two authorised members of staff, by staff members of the same gender as the pupil, and (in the case where lockers, desks and other personal spaces are searched) in the pupil’s presence. Searches that require physical contact or use of force will always be a last resort. The member of staff should consider whether conducting the search will prevent the pupil harming themselves or others, damaging property or from causing disorder. Where the risk is considered significant, they will be conducted by a trained member of staff of the same sex as the pupil, or, if possible, and preferably, by a family member. These preferences may not be possible depending on availability of staff in relation to the urgency of the situation and the potential harm that may be incurred by waiting.

A member of the leadership team or staff member (under the direction of the headteacher) will contact parents as soon as possible after an incident, normally on the same day, to inform them of the actions that were taken and why, and to provide them with an opportunity to discuss it.

For further information the DfE have provided guidance on Searching, Screening and Confiscation.  A member of the leadership team will contact parents as soon as possible after an incident, normally on the same day, to inform them of the actions that were taken and why, and to provide them with an opportunity to discuss it.

Complaints and Allegations

A clear restraint policy, adhered to by all staff and shared with parents, should help to avoid complaints from parents. It is unlikely to prevent all complaints, however, and a dispute about the use of force by a member of staff might lead to an investigation, either under the complaints disciplinary or allegation management procedures. It is our intention to inform all staff, pupils, parents and governors about these procedures and the context in which they apply.  

In the event of a complaint or allegation that a member of staff has used unreasonable force or where a child has been injured during a physical intervention, the Head teacher/Principal should in all circumstances undertake a consultation with the Local Authority Designated Officer (LADO) in line with the schools safeguarding and Child Protection procedures and the Trust Managing Allegations procedures.

For other types of complaints relating to an incident, the normal procedures of the school will be used and these will be made clear to all parents/carers

For other types of complaints relating to an incident, the normal procedures of the school will be used and these will be made clear to all parents/carers

Whistleblowing

Whilst the training in Team Teach provided to staff encourages the use of help protocols and reflective practice, it is acknowledged that under some circumstances, physical intervention can be misapplied. Staff are reminded that part of their Duty of Care to pupils includes the requirement to report any such matters which cause them concern in relation to pupil management and welfare. Any such concerns should be raised with the Head teacher/Principal or other Senior Manager or the Chief Education Officer to allow concerns to be addressed and practice improve.

Key Legal References

This Positive Handling guidance is written with reference to the following key legal concepts and documents:

• DfE Use of Reasonable Force Guidance;  
• Offences Against the Persons Act 1861 (concepts of Assault, and Assault and Battery);  
• Common Law concepts of false imprisonment and common law defence;
• Duty of Care;  
• DfE Circular 10/98;  
• The Children Act 1989;  
• DoH/DfES Joint Guidance on Physical Interventions 2002;  
• The Education Act 1996;  
• Education and Inspection Act 2006;  
• Screening, searching and confiscation – advice for Headteachers, staff and governing bodies.
• Human Rights Act 1998;  
• Equality Act 2010;
• Disability Discrimination Act 1995;
• Health and Safety at Work Act 1974.  

Appendix i

Positive Behaviour Support Plan

DEESCALATION TECHNIQUES TO TRY:

(Describe any strategies which have worked / should be avoided)

PHYSICAL INTERVENTION STRATEGIES:

(Describe any strategies which have worked in the past or should be avoided.)

This record should be saved in the child record on CPOMS under the category restrictive physical intervention/Care and Control.