The Positive Relationships Standard
Regulation 11
The Protection of Children Standard
Regulation 12
Restrictive Physical Intervention Procedure (Derbyshire Children’s Services Procedures)
Safer Working Practice Guidance: Safe Touch/Safe Care
Guidance: Positive Environments Where Children Can Flourish (Ofsted)
Model Children’s Home Policy and Guidance for Positive Behaviour Support (Including Physical Interventions) Key Points for Good Practice
(Local Resources)
Easy Access Guide to Restrictive Physical Intervention for Young People
(Local Resources)
In June 2022 a link was added to Ofsted guidance, Positive Environments Where Children Can Flourish.
As part of the assessment and planning process for all children, consideration must be given to whether the child is likely to behave in ways which may place him/herself or others at risk of Injury or may cause Damage to Property. The likely impact of the child’s arrival on the group of children /young people already living in the home should also be considered.
If any identified risks exist, consideration must be given to the Strategies that will be adopted to prevent or reduce these risks. These Strategies may include Physical Intervention. Staff in the home should continually review Safe Care Plans.
Where Physical Intervention may be necessary, for example, if it has been used in the recent past or there is an indication from a Safe Care Plan that it may be necessary, the circumstances that give rise to it and the Strategies for managing it should be outlined in the child's Placement Plan.
In developing such a plan, consideration must be given to whether there are any medical conditions which might place the child at risk should particular techniques or methods of physical intervention be used. If so, any health care professional currently involved with the Child, should approve strategies and this must be drawn to the attention of those working with or looking after the child and it must be stated in the Placement Plan. If in doubt, medical advice must be sought.
Staff should always follow a restorative approach and act as a good parent would with the child/young person's best interest being at the forefront of your practice. Within Derbyshire Children Services Residential Children's Homes, our ethos is to practice restorative and social pedagogical approaches to caring for children and young people, specifically in relation to Additional Measures and physical interventions. Although we have a clear outline of prohibited and permissible physical interventions, our ethos seeks to avoid the use of physical interventions and instead looks to develop a culture of shared values and norms in the homes. Each home is a shared life space for staff and children/young people. Staff should role-model the shared values and norms and aim to convey and negotiate them with the children/young people to agree to shared boundaries. By doing so the need to resort to physical interventions is reduced.
All staff are trained in Social Pedagogy and Restorative Practice and attend regular consultation sessions with Horizons. There is an expectation that all staff attend these sessions and any measure they implement is appropriate and restorative rather than punitive.
NOTE The existence or absence of a Placement Plan or other behaviour management plan does not prevent staff from acting as they see fit in the management of highly confrontational or potentially harmful behaviour. However, staff may only deviate from agreed plans where they are able to demonstrate that the plan would not be sufficient to prevent injury or damage to property and the alternative actions they take are consistent with the principles contained in this Procedure. Any deviation from an agreed plan or from the principles contained in this Procedure must be recorded and reported as an Emergency Intervention to the Home Manager and child's social worker as soon as practicable thereafter. This may lead to discussion on Person Specific Interventions. |
Restraint also includes restricting the child’s liberty of movement, and changes to the physical environment of the home or removal of physical aides. These should all be recorded as restraint.
There are four broad categories of Physical Intervention.
The significant distinction between the first category, Restraint, and the others (Holding, Touch and Presence), is that Restraint is defined as the positive application of force with the intention of overpowering a child. The intention is to overpower the child, completely restricting the child's mobility. The other categories of Physical Intervention provide the child with varying degrees of freedom and mobility.
Restriction on liberty of movement can involve adaptations to the environment such as using high door handles or removing physical aids. It also refers to behaviour support strategies such as requiring a child to take ‘time out’ in a specific area of the home, asking a child to spend time away from the group to regain control of their behaviour (i.e. if a child is struggling to maintain a socially acceptable level of behaviour at the meal table, asking them to move away from the group to another area, can be defined as restricting their liberty of movement). Where there may be no need to use restrictive physical intervention (i.e. the child goes willingly once instructed to do so) the incident must still be recorded. This is to ensure the intervention can be monitored and to ensure that children are not being scapegoated or unduly being isolated from the group.
Where the likely application of this strategy is a reasonable assumption due to a child’s previous behaviour or level of emotional needs, it should be included in the Education, Health and Care Plan /Care plan. This should be monitored as part of the normal review process. This strategy should be clearly recorded on the child’s Individual Behaviour Support Plan. In this instance, there is no requirement to complete an incident report, unless the behaviour displayed is new, unusual or falls under any other category of incident.
Only trained staff may use techniques that are approved by the home; such techniques should comply with the following principles:
All staff must be trained in methods of behaviour management, including the use of physical intervention and restraint that are agreed by the Home.
This training must ensure that staff are able to:
Restraint also includes restricting the child’s liberty of movement, and changes to the physical environment of the home or removal of physical aides. These should all be recorded as restraint.
There are different criteria for the use of Restraint and other forms of Physical Intervention, such as Holding, Touching and Physical Presence.
A child/young person can be prevented from the leaving the home if it is felt they are at significant harm in the following circumstances:
Any restriction of a young person’s liberty should be for the minimum amount of time possible and in response to immediate danger. Staff will need to ensure that in the recording of this incident they clearly outline all the steps taken to prevent the need to restrict the child’s liberty using physical means.
If a young person continually requires this level of intervention to help them to remain safe, there must be clear evidence of a planning meeting with the placing authority to consider the appropriateness of the placement. It may be recognised that this is a process of testing and an agreement regarding strategies will be set and reviewed in conjunction with the local authority, this will need to be clearly documented and any agreement must not conflict with regulations regarding ‘Deprivation of Liberty’. See below.
It is acceptable to use electronic mechanisms or other modifications which are necessary for security, for example on external exits or windows, so long as this does not restrict children's mobility or ability to leave the premises if they wish to do so.
A children’s home cannot routinely deprive a child of their liberty without a court order, such as a Section 25 Order to place a child in a licensed secure children’s home or in the case of young people aged 16 who lack mental capacity, a deprivation of liberty may be authorised by the court of protection following an application under the Mental Capacity Act 2005.
Locking of external doors, or doors to hazardous materials, may be acceptable as a security precaution if applied within the normal routine of the home.
It is also acceptable to lock doors to physically restrict the normal movement within or from the home to reduce the risk of Significant Injury or Serious Damage to Property and so long as the criteria set out above (Section 4.2, Criteria for Using Physical Intervention) are met i.e. where the injury or damage to property is likely in the predictable future, that the locking of the door is immediately necessary, used as a last resort and for the minimum amount of time necessary to de-escalate the situation*. If such methods are used in the home, the following must apply:
*If such strategies are used upon a child on a frequent or extended basis, it may be a form of restriction of liberty, which is not acceptable; therefore, the social worker must be notified to give consideration to an application being made for a Secure Accommodation Order.
If Physical Intervention is used upon a child, the Home Manager and child's social worker must be notified within one working day.
If a serious incident or the Police/emergency services are called, the Designated Manager (Restraint)must be notified and consideration given to whether a Notifiable Event has occurred, if so, see Notification of Serious Events Procedure.
The social worker should make a decision about whether to inform the child's parent(s) and, if so, who should do so.
Where Physical Intervention has been used, the child, staff and others involved must be able to call on medical assistance and children must always be given the opportunity to see a Registered Nurse or Medical Practitioner, even if there are no apparent injuries.
If a Registered Nurse or Medical Practitioner is seen, they must be informed that any injuries may have been caused from an incident involving Physical Intervention.
Whether or not the child or others decide to see a Registered Nurse or Medical Practitioner it must be recorded, together with the outcome.
The Registered person should regularly review the effectiveness and check the medical assessment of the system remains up to date.
If a child has an Education, Health and Care Plan in which a specific type of restraint is used as part of the day to day child’s routine, the home is exempted from the recording requirement. Where these plans provide for a specific type of restraint that is not for day to day us, the restraint used must be recorded. Any other restraint used must always be recorded.
All forms of Physical Interventions should be recorded in the Physical Interventions Log and an Incident Report must be completed (see template in Local Resources).
The incident should be recorded in the Home's Daily Log and on the Daily Record for the individual Child(ren).
Ideally within 24 hours the child involved in the restraint should be able to express their feelings about this experience and should be encouraged to record their views to the record of restraint.
The child's Individual Placement Care Plan/Safe Care Plan should be reviewed to incorporate strategies for reducing or preventing future incidents. The Child must be encouraged to contribute to this review and, if a health care professional is involved with the Child, any new strategies must be approved by that person.
The Manager of the Home should regularly review incidents and examine trends and issues emerging from this to enable staff to reflect, learn and inform future practice and, where necessary, should ensure that procedures and training are updated.