Revised use of reasonable force and other restrictive interventions in schools guidance

There are times when the use of force is lawful. Section 93 of the Education and Inspections Act 2006 provides all school staff, including non-teaching staff, with the power to use reasonable force in certain circumstances.[1] The revised guidance provides clarification intended to help staff assess when the use of force is reasonable, sets out the circumstances in which reasonable force can be used, and aims to help staff feel more confident in using this power safely and appropriately.

The guidance also provides advice on the use of other restrictive interventions, which are defined in the guidance as “Any planned or reactive action which limits a pupil’s movement, liberty or freedom to act independently. Restrictive interventions may include use of equipment, medication or seclusion. Restrictive interventions may or may not involve the use of reasonable force.”

The Government recognises that the use of reasonable force and other restrictive interventions can have a significant and long-lasting effect on the pupils, staff members and parents involved, as well as the wider classroom. This can potentially hinder the creation of a calm, safe and supportive school environment. The revised guidance focuses on prevention and de-escalation and should be considered alongside Behaviour in Schools (2024) which constitutes wider advice on prevention, through creating a supportive culture and managing behaviour effectively such that incidents are less likely and escalation avoided.

In 2021, the Equality and Human Rights Commission (EHRC) launched an inquiry into the use of restraint in schools and using meaningful data to protect children’s rights. The inquiry led to several recommendations for the UK government.[2] These recommendations are as follows:

• Nationally agreed definitions of different types of restraint, accompanied by guidance on the various risks to children of different types of restraint, based on up-to-date research.
• National minimum standards for the recording of restraint should be set. 
• Schools should be required to publish a policy on restraint which is accessible to parents. It should explain types of restraint, recording and monitoring and how restraint information informs behaviour management and is used in post incident reviews.
• Schools should be required to inform parents about all incidences of restraint of their child, unless it is likely to result in safeguarding issues for the pupil or danger to staff
• Schools should be required to analyse restraint in post-incident reviews and to use that analysis in behaviour management planning with the aim of minimising its future use.
• National training standards for restraint should be developed, which: take a human rights approach, minimise the use of restraint, are tailored by school phase and type and involve schools, parents and children. 
• Restraint data from schools should be collated, published, and analysed, including by protected characteristic. Disaggregated data should be made available. 
• Ofsted should monitor national and school-level restraint data as part of its inspections. It should use this to develop new inspection frameworks and increase transparency and oversight. 

As part of our consideration of these recommendations, in 2023, the Department launched a call for evidence to better understand how reasonable force and other restrictive interventions are used in schools and how schools best use prevention and de-escalation strategies to minimise their use, particularly for pupils with SEND.[3] The Department received responses from school leaders, parents, local authorities, charities, the EHRC and other organisations. The call for evidence received 580 responses (39% school leaders, 23% parents, 11% teachers and support staff, 4% local authorities and 23% other).

The call for evidence responses, along with independent qualitative research on the use of restrictive interventions in special schools and alternate provision, DfE’s omnibus surveys and other stakeholder engagement, have informed revisions to the guidance. The revised guidance explains a new statutory requirement for schools to record and report significant incidents of the use of reasonable force. It clarifies when it may be reasonable to use force and other restrictive interventions and aims to help staff feel more confident in acting safely, appropriately and within the law. The revised guidance aims to minimise the need for all restrictive interventions by focussing on prevention and de-escalation strategies and data analysis.

The call for evidence highlighted the need for greater clarity to support staff in using reasonable force lawfully and appropriately. Many parents who responded reported instances where their child had been subjected to restrictive interventions, with most feeling that the level of force used was excessive and prolonged. Some parents felt that force was used because the school was unable to meet their child’s need. Teachers and support staff reported mixed experiences, with some stating that force was rarely used and others stating they had witnessed excessive force on pupils.

Many respondents to the call for evidence (74%) were in favour of implementing national training standards as a means of providing consistency in approaches across the country. The revised guidance advises that staff who are likely to need to use reasonable force and other restrictive interventions should be adequately trained in its safe and lawful use and in preventative strategies, and that school leaders should choose the training, ensuring that it reflects the principles set out in the guidance. This is intended to ensure the adequacy and consistency of training and maintains school leaders’ autonomy in deciding on training provision best suited to the school’s circumstances and staff needs.  

The publication of the revised guidance will meet the Department’s public commitment to updating the existing ‘Use of Reasonable Force’ guidance (2013). Pursuant to the Department’s public commitment, we are also commencing the legal duty for schools to record and report each significant incident involving the use of force to parents. The Departments future work programme will use the collected evidence and consultation responses to consider whether the Department develops and delivers additional targeted policy interventions. At this stage we will also consider any outstanding EHRC recommendations.