Permissible Sanctions


Contents

  1. Policy
  2. Key Points
  3. Permitted Sanctions
  4. Sanctions that are NOT Permitted
  5. Procedure for Applying Sanctions


1. Policy

All Sanctions applied within the East Riding of Yorkshire Council's Children's Homes should comply with current legislation and National Minimum Standards for Children's Homes, and should be used appropriately and in accordance with guidance.


2. Key Points


2.1 Each home will have established rules for conduct and behaviour within the general environment in which positive childcare practices prevail.
2.2 Homes are required to have a written statement of permissible sanctions.
2.3 One of the principal purposes of control and discipline is to enable individual children/young people to develop inner controls so that in time they learn self-control. They should be encouraged to develop a proper awareness of their rights and responsibilities and those of others. However, some form of sanction will be necessary where there are instances of behaviour, which would in any family, or group environment reasonably be regarded as unacceptable.
2.4 Staff must be familiar with the history of a child or young person for whom they are responsible for looking after. This information should be considered when making judgements about how to respond to a child. It must also be reflected in the placement Plan and Individual Crisis Management Plan, which may include agreed approaches to management of individual children who present particular behavioural difficulties.
2.5 There should be a system of rewards in addition to sanctions.
2.6 Where sanctions are felt to be necessary these should be specific, measurable, achievable, realistic and in reasonable time scales - this ensures greater effectiveness. Staff to be aware that imposing sanctions can escalate the conflict cycle and being fair and proportionate is very important.


3. Permitted Sanctions


3.1

Rewards and Privileges:

Reward systems may be based on an ability to earn extra money or privileges but should always be based on an easily achievable minimum level. The base line should include the immediate acquisition of some rewards or privileges so that progress is possible.

3.2 Supervised spending/pocket money delay
3.3

Curtailment of Leisure Activities:

This should be used as a disciplinary measure only when the repeated use of informal measures has proved ineffective. Any curtailment of leisure activities should be current and appropriate and should not last more than one week. Staff to fully consider the ‘cost/benefit’ of losing the positive leisure activity and the wider impact upon the young person. Hobbies and health activities should not be used as sanctions.

3.4

Additional Household Chores:  (e.g. extra washing up)

Again this should only be used when the repeated use of informal measures has proved ineffective. Any additional chores should be relevant to the misbehaviour and should not last more than one week.

3.5

Reparation (Compensation) for Wilful Damage to Property or the Misappropriation of Monies and Goods:

Regulations permit the deduction of up to two-thirds of pocket money for reparation or compensation, where the child has, through a prior written agreement, been warned of the consequences. Any reparation or compensation re-payments should not extend beyond 4 weeks. Also for staff to consider other creative ways, individual to the young person whereby they could ‘repay their debt’ in a non-monetary way.

3.6

Confiscation of Property

The confiscation, temporary or permanently, of any article, material or substance belonging to the resident if that same article, material or substance is considered to be a serious nuisance to others; or to be dangerous or injurious to others or to his/herself.

3.7

Reporting to the Police

The use of the approved sanctions outlined as part of the process of maintaining the boundaries of acceptable behaviour may not be sufficient at some times to manage the unlawful activities of young people. The following are examples:

  • Where a third party specifically asks for the Police;
  • To report suspicious articles or substances where the child, young person cannot adequately explain how they had come to have them;
  • To give witness to events or pass information to be relevant to an enquiry by the Police;
  • To report a crime.


4. Sanctions that are NOT Permitted


4.1

Corporal Punishment:

This is unlawful and covers any intentional application of force as a punishment including slapping, throwing missiles, pinching, squeezing, shaking and rough handling. It also includes punching or pushing in the heat of the moment in response to violence from young people. It does not prevent a member of staff taking restraining action, which may be immediately necessary to prevent personal injury to the young person.

4.2

Deprivation of Food:

This is also unlawful and should be taken to include to denial of access to the amounts and range of food and drink normally available at a time known to young people in the home. Specific food or drinks may be withheld from a young person on medical advice, but this must be recorded on their personal records. Children or young people should not be forced to eat foods that they dislike.

4.3

Restriction or Refusal of Contact:

This may not be used as a measure of control. However, restrictions may be placed on certain individuals or on the facility to receive or make visits. Those restrictions should only be used when they are in the young person's best interests or consistent with their welfare. For example, restrictions should only be used following a planning decision made by those with parental responsibility in consultation with the young person.  Restriction of contact with family as a result of grounding is not acceptable in any circumstances. Restriction of contact with friends, however, is acceptable.

4.4

Requirement to wear Distinctive or Inappropriate Clothing:

This may not be used as a measure of control and should be taken to include any punishment uniform or badge or clothing, which are inappropriate to the time of day and the activity being undertaken. This also applies to footwear and hairstyles.

4.5

Withholding of Medication, Medical or Dental Treatment:

This is prohibited in all circumstances. Normal household medications such as headache tablets are included in this definition but staff must be aware of any abnormal patterns of usage. However, if young people refuse or choose not to take prescribed medicines, then this should be recorded in their personal records. This information should be shared with the Registered Manager.

4.6

Intentional Deprivation of Sleep

This is not authorised as a measure of control. When children and young people stay awake all night of their own volition, staff and managers need to address this behaviour through systems of rewards and privileges or other methods of control. This does not, however, mean that young people should stay in bed all day, consequently reversing their sleep pattern. In these circumstances, staff may consider ensuring that young people are regularly woken.

4.7

Imposition of Fines

With the exception of fines imposed by the Courts, fines may not be imposed as a measure of control. Withholding part of pocket money, or personal allowance should only be used for reparation for wilful damage or the replacement of misappropriated monies or goods.

4.8

Intimate Physical Searches

These are prohibited in all circumstances. If it is believed a young person is in possession of anything that may cause harm to self or others, or whose possession is itself a criminal offence and cannot be managed within the home, then the Police or other appropriate services shall be called for support.

4.9

Restriction of Liberty

The situation regarding restriction of liberty by locking children up is clear.  It is permitted only in establishments officially designated as secure accommodation.

Ambiguity could arise with regard to measures which fall short of locking children up, but which clearly restrict their liberty. Any practice or measure which directly prevents a child from leaving a room or building of their own free will could be deemed by a Court to constitute "restriction of liberty".

Such such actions should be restricted to circumstances where it is immediately necessary to prevent injury to any person or serious damage to property, as is the case with physical restraint described in Use of Restraint and Physical Intervention Procedure.


5. Procedure for Applying Sanctions

  1. The decision to apply a Sanction must be as a result of one of the following:
    • Outcome of restorative session;
    • A decision made in ‘shift handover’;
    • Discussion with senior/management team;
    • Is a pre-agreed sanction.
  2. The Sanction must comply with the details of methods of control and discipline as described in the Key Points and specified in the particular Home's Statement of Purpose;
  3. The Consequence Book must be completed. This should be completed by the staff member and others who are in agreement with the sanction, wherever possible;

    The information in the Record of Sanction Book must include:
    1. Name of the child/young person;
    2. Details of the inappropriate behaviour;
    3. Names of staff present;
    4. Date and nature of the Sanction;
    5. The records should be signed by the author of the entry and countersigned by the Registered Manager, Deputy Home Manager or Senior Care Officer within 24 hours of their use;
    6. The record should be signed by the child/young person. Any refusal of the child/young person to sign the consequence record should be recorded and countersigned by another member of staff, where possible;
    7. Effectiveness of consequence.

      All entries should be written in appropriate language and all names, including that of the signatory, should be clearly identified;
  4. The Manager of the Home or the Deputy Manager should always review and sign the consequence book in regard to: -
    1. The appropriateness of the control measures used;
    2. The possibility of some members of staff using control measures more frequently than others (which may indicate training needs);
    3. The effectiveness of control measures.