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Children’s Residential Service
Behaviour Management Policy & Staff
Guidance
Completed by Children’s Homes Senior Homes Managers and the CLA Service Manager Next Review date: July 2015
RELEVANT LEGISLATION AND GUIDANCE
Children Act 1989
National Minimum Standards
Health & Safety at work Act 1974
Children’s Homes (England) Regulations 2015
Care Standards Act 2000
CONTENTS
1. Assessing and planning for success
2. Encouraging and Rewarding Children
3. Reminders and Reprimands
4. Sanction
5. Physical Interventions (including Restraint)
6. Locking & bolting doors
7. Requirement for Police involvement
Annex 1: Flowchart: Encouraging and Rewarding Success
Annex 2: Reminders and Reprimands
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INTRODUCTION
The Children’s Homes (England) Regulations 2015 requires each home to prepare
and implement a ‘behaviour management policy’ – regulation 37. This policy should
describe the home’s approach to promoting positive behaviour and the measures of
control, restraint and discipline which may be used in the home. These measures
should be seen as part of the overall strategy for behaviour and relationship
management in the home and the home should consider its approach to physical
intervention as part of this.
The children who use the Children’s Residential Service (CRS) will have
experienced multiple rejections and exclusion in their lives. They will all have
experienced significant abuse and harm at various levels and, as a result, most will
display behaviours which will test the boundaries of others.
In order to safely manage these behaviours, the Children’s Residential Service has
developed a raft of interventions and policies which are collectively interconnected.
These policies are specifically designed not only to support children in the process of
learning, but also to create and maintain a safe environment in which to live.
This rationale is underpinned by our own experience of working with children over
many years, in which we can firmly state that:
• Many of our children initially use challenging behaviour as a means of
communication.
• Many of our children initially do not have an ability to understand the cause and
effect of challenging behaviour on others.
Hence, our most effective models of intervention are those based on a social
pedagogic approach where the emphasis is placed on the development of social,
emotional and behavioural skills through partnership with the child. In this way,
children can make well informed choices about behaviour. Where these social
learning interventions fail to promote change and subsequent behaviours present
significant risks to either the child or others, then we can use other established
protocols and procedures which draw on the help of our partners in care and others
to effect change.
This policy is designed principally as a tool of ‘inclusion’ and not ‘exclusion’ to assist
everyone in the maintenance of a culture of consistent caring, enabling and social
learning for children, to provide a clear process and clear responsibilities for all in the
management of unacceptable behaviour. In this way, all involved with the provision
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of care can carry out their duties in a way which recognises the needs, rights and
responsibilities for all.
CRS Policies and Procedures on Behaviour Management are developed to support
staff in managing children’s behaviours
Calderdale Council has a duty of care to enable all children, staff and others in
Children’s Homes to live and work in an environment free from abuse, misuse and
harm. To achieve this, there will be a systematic approach to the management of
difficult and dangerous behaviours, to ensure, wherever possible, prevention and,
where issues arise, that there are clear assessment processes and appropriate
actions and learning occurs for both customers and the Organisation. This policy
takes into account the relevant legislation under the Children Act 1989, the Health &
Safety at work Act 1974 (and other associated Health & Safety legislation) and the
Care Standards Act 2000 (and the associated Children’s Homes Regulations 2015.
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1. ASSESSING AND PLANNING FOR SUCCESS
Upon admission, all children should be assessed to establish if any behaviours
require additional or specialist support or management. A pre-admission risk
assessment is required for each young person prior to accommodation, for both
planned and emergency placements. This is to be completed by the placing social
worker and based on known recent behaviours. This should be made available to all
staff, official visitors and those working with resident young people at all times. Also
a Positive Handling Plan should be drawn up and/or strategies should be outlined in
the child's Placement Plan.
Following admission, each children’s home will be responsible for initiating an on-
going behavioural risk assessment. This will be the subject of monthly reviews based
on presenting behaviours within the home and where appropriate other
establishments. The maintenance of an on-going behavioural risk assessment
conforms to Health & Safety legislation. This is a statutory requirement based on the
sharing of all information between statutory agencies or those acting on their behalf
to ensure the safest possible working environment.
Behavioural risk assessments are updated for each young person whenever there
has been an incident or information received regarding risk taking behaviour. New
staff members are trained on form completion and paperwork is a standing agenda
item in staff meetings and supervision.
Consistency is the key, where staff/carers manage behaviour inconsistently, little if
any progress will be made; it may result in more disruption.
Where staff/carers work together, improvements will be made.
The setting of routine & boundaries or expectations must not be ad hoc or
unplanned. Planning is critical; particularly where children's behavioural needs are
complex or where behaviours give rise to serious concern, such as violence, drug or
substance misuse, self-harming, bullying.
Behaviour Management Plans should summarise how behaviours should be
managed, including the Strategies that will be adopted in managing the behaviours;
they should also state how acceptable behaviours will be encouraged and promoted.
These Strategies can include Therapeutic Interventions, Physical Interventions,
Sanctions and other measures; for example the use of incentive or reward
programmes, charts etc.
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Where possible young people should be consulted with their Positive Handling Plan
to help the care team identify ways of helping manage behaviour, this may not
always be possible but should try to be achieved.
Over time, children should be encouraged and supported to acquire the skills and
level of responsibility and freedom which is within their capabilities and
understanding; in turn, this will improve their self-image and confidence. If children
are capable of it, they must be involved in monitoring and reviewing their plans - and
in agreeing new objectives and strategies.
2. ENCOURAGING AND REWARDING CHILDREN
Also see Flowchart on Encouraging and Rewarding Success.
Relationships
Our relationships with the young people are the single most influential factor in
managing behaviour. If children invest in staff relationships and feel cared for, valued
respected, and feel that they are a person and not a case file this will act as a huge
motivator for appropriate behaviour. Through consultation with young people the
message that staff need to send to young people is self-regulation; the ability for
young people to be able to amend and control their own behaviour. Young people
need to understand that it is ‘ok’ to feel angry, upset or scared, but that there are
ways of dealing with these emotions in a safe and appropriate way. Without
significant and positive relationships it is much more difficult to get this message over
to young people and to manage their behaviour. Therefore staff within our homes
should always endeavour to develop a positive working relationship with each young
person.
Staff should have a readiness to listen to young people and empathise with them,
respect their feelings and take their wishes into consideration. They should have the
capacity to accept young people for what they are, and to challenge their behaviour
when necessary.
Promoting Positive Behaviour
It is the view of CRS that promoting positive behaviour is more productive in
behaviour management than the sole use of punitive measures for challenging
behaviours. The use of praise; positive feedback to young people, incentive and
reward schemes, and having an environment that has regular positive re-
enforcement are all integral to promoting positive behaviour. Praise and positive
feedback could be given in many ways and may include the following:
1. Listen to and empathise with children, respect their thoughts and feelings and take
their wishes into consideration.
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2. Look for things that are going well, or any step in the right direction, and
appropriately reward it.
3. Rewards should be used in a creative and diverse way, specific to children's
needs, capabilities and interests.
4. This may mean that children are rewarded with toys, games, activities or monetary
rewards.
5. But all 'tangible' rewards should be accompanied by use of 'non tangible'
encouragement and support - by staff and carers demonstrating to children that they
have done well.
6. Such 'non tangible' rewards include praising, smiling, touching and hugging
children.
7. Children usually benefit, early on, from rewards which may appear to outweigh
that which is expected. This is normal; over time rewards can be more relevant as
children's self-esteem and skills improve.
For example:
• children who have few social or life skills and whose self-esteem and confidence is
low may require forms of encouragement and reward which are intensive, frequent
or even excessive in order to help/remind them that they are doing well and
appreciated;
• A child who has previously been unable to get up for school may be offered an
expensive present or activity for getting up on time for a few days;
• However, it should also be born in mind that some children cannot tolerate praise
as it undermines the low perception they have of themselves. For these children
smaller more specific praise is needed.
8. Over time, as children achieve what is expected, such rewards should be reduced
or children should be expected to achieve more for the same or a similar reward.
Key Work Sessions
Key working sessions should be used effectively to address any problem areas or
shortcomings that young people may be facing. These sessions can and should also
be used to acknowledge achievements and progress that young people have made
in terms of their behaviour. These sessions should be structured and used to help,
guide, and support and to set targets. Each young person has a Key Work team
assigned to them when they first arrive at our homes. Sessions are recorded and
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copies placed in the young person’s file, these contain information on any actions or
on-going work or issues.
3. REMINDERS AND REPRIMANDS
Also see Flowchart on reminders and reprimands
3.1 Reminders
Whilst it is critical to notice and reward acceptable behaviour, it is also important to
manage unacceptable or disruptive behaviour; in the same, positive and consistent,
manner. Matters of concern must be raised and discussed with the child, with a view
to giving the child a fresh start - with support and encouragement. If misbehaviour is
persistent or serious, other strategies may have to be adopted; but minor or non-
persistent behaviours should result in staff/carers reminding or cautioning children.
This is a strategy adopted successfully by the criminal justice system, assuming that
children respond positively to cautions accompanied by active encouragement and
support to put things right.
Reminders and cautions should be clear and to the point, with clarity about:
• The behaviours which are unacceptable;
• The impact or influence that the behaviour is having on the child or others;
• Clarity about what is accepted;
• help, advice and encouragement to put things right;
• And a Fresh Start with no recriminations or further reminders.
Staff/carers should employ a range of non-verbal and verbal techniques to show
their disapproval; but they must avoid moody looks, innuendo and public scolding’s.
Any step in the right direction must be approved of and rewarded whilst mistakes or
problems should be openly discussed and strategies for change identified and
encouraged. The overall strategy should be to help the child do well.
3.2 Reprimands
Where behaviour is persistently or seriously unacceptable, it may be appropriate to
reprimand children.
However reprimands may only be used in the following circumstances:
• If children are capable of behaving acceptably and, preferably, understand what is
expected;
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• Where children have persistently or seriously failed to do as required/expected;
• Where nothing else can be done to change the behaviour; for example, by
encouraging and rewarding acceptable behaviour rather than noticing and
reprimanding unacceptable behaviour. If it appears that a Reprimand is justified, it
should preferably be delivered in private, on the spot or as soon after the
misbehaviour as possible.
Reprimands don't have to be loud but the person delivering them should appear ‘in
charge' or 'in control' and it should be said with feeling, with the staff member stating
clearly what is wrong, how s/he and others are affected by the misbehaviour and -
critically - what should be done to put things right.
The person delivering the reprimand should provide the child with an opportunity to
explain but should not necessarily expect an apology. However, there should be
clarity for the child that improvement is expected - and as necessary the adult should
discuss what support and encouragement will be given to put things right.
An effective reprimand is over and done within a few minutes - and then the child
should be given a fresh start.
4. SANCTIONS
4.1 Guidance on use of Sanctions
Sanctions can be very effective but, before imposing them, think about it. Children
who live in our homes will have had their fill of Sanctions, usually imposed
inconsistently, unfairly or as acts of revenge. Before imposing sanctions, adults
should do all they can to support and encourage children to do well. If children do not
behave acceptably, strategies should be adopted that are encouraging and
rewarding. Rather than noticing and sanctioning misbehaviour it is always better to
notice and reward good behaviour - or any step in the right direction.
Be creative, think outside the box!
If children continue to behave in unacceptable ways, they should be reminded about
what is expected and given further encouragement to get it right. If misbehaviour
persists or is serious, effective use of reprimands can act as a disincentive or firm
reminder. If this does not work, or may not, sanctions may be effective.
Where sanctions are used they must be reasonable & the minimum necessary to
achieve the objective. Also, there should be a belief that the Sanction will have the
desired outcome - increasing the possibility that acceptable behaviour will follow.
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If sanctions are imposed, staff should apply the following principles:
• Sanctions must be the exception, not the rule. A Last Resort;
• Sanctions must not be imposed as acts of revenge or retaliation;
• Think before imposing the sanctions; don't apply it in the heat of the moment;
• Sanctions may only be imposed upon children for persistent or serious
misbehaviour; where reminders and reprimands have already failed or are likely to
fail;
• Sanctions should only be used if there is a reasonable chance they will have the
desired effect of making the point and in reducing or preventing further unacceptable
behaviour;
• Before applying any Sanction, make sure the child is aware that his/her behaviour
is unacceptable and, if possible, warn him/her that Sanctions will be applied if the
unacceptable behaviour continues;
• It is the certainty not the severity of Sanctions that is important;
• Sanctions should only last as long as they need to, allow the child the opportunity
to make a fresh start as quickly as possible.
4.2 Approved Sanctions
It is for the home to develop Approved Sanctions suitable to the type of children
placed there. These sanctions must be approved by the Organisation and set out in
Statements of Purpose, and Children's Guides or Placement Plans for individual
children.
4.3 Non-Approved Sanctions The existing guide lines for sanctions are founded in the Children Act 1989 and The
Children’s Homes Regulations 2015 – regulation 21 as detailed below:
(1) No measure of control or discipline which is excessive, unreasonable or contrary
to paragraph (2) may be used at any time on children accommodated in a children's
home.
(2) Subject to paragraph (3), the following must not be used as disciplinary measures
on children accommodated in a children's home—
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(a) a form of corporal punishment;
(b) a punishment involving the consumption or deprivation of food or drink;
(c) a restriction, other than one imposed by a court or in accordance with regulation
23 (contact and access to communications), on—
(i) A child's contact with parents, relatives or friends;
(ii) Visits to the child by the child's parents, relatives or friends;
(iii) A child's communications with any of the persons listed in regulation 23(2)
(contact and access to communications); or
(iv) A child's access to any telephone helpline providing counselling for
children;
(d) Requiring a child to wear distinctive or inappropriate clothes;
(e) The use or withholding of medication or medical or dental treatment;
(f) The intentional deprivation of sleep;
(g) Imposing a financial penalty, other than a requirement for the payment of a
reasonable sum (which may be by instalments) by way of reparation;
(h) An intimate physical examination of the child;
(i) Withholding any aids or equipment needed by a disabled child;
(j) A measure involving—
(i) A child in imposing a measure against another child; or
(ii) Punishing a group of children for the behaviour of an individual child.
(3) Nothing in this regulation prohibits—
(a) The taking of any action by, or in accordance with the instructions of, a registered
medical practitioner or a registered dental practitioner which is necessary to protect
the health of the child;
(b) Taking any action that is immediately necessary to prevent injury to any person
or serious damage to property; or
(c) Imposing a requirement that a child wears distinctive clothing for sporting
purposes, or for purposes connected with the child's education or with any
organisation whose members customarily wear a uniform in connection with its
activities.
This does not prevent contact or communication being restricted in exceptional
circumstances, where it is necessary to do so to protect the child or others.
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5. PHYSICAL INTERVENTIONS (INCLUDING RESTRAINT)
Legislative Background
The existing policy for restraint is founded in The Children’s Homes Regulations
2015 – regulation 22;
Physical Interventions are particular interventions that employ a level of physical
force to protect a child or others from injury or to protect property from being
damaged.
The Children’s Residential Service employs the Team Teach Model of care for
managing challenging behaviours which is approved by Calderdale Council.
All staff working in the Children’s Residential Service will be required to receive
comprehensive Team Teach training which concentrates on:
• A theoretical understanding of why and how critical incidents occur and how best
they are managed
• The training concentrates on de-escalation and positive re-enforcement techniques
as a learning tool for young people
• All staff members are re-accredited annually, with 6 monthly refresher training.
The use of restraints remains a contentious issue due to the specific concerns and
risks associated with such practice. CRS has a commitment to caring for the children
and young people living at the home and this is underpinned by the following
principles when dealing with challenging behaviour:
• Care – demonstrating respect, dignity, and empathy; providing support in a non-
judgemental and person-centred way.
• Welfare – providing emotional and physical support; acting in the person’s best
interests in order to promote independence, choice and well-being.
• Safety – protecting rights, safeguarding vulnerable people, reducing or managing
risk to minimise injury or harm.
• Security – maintaining safe, effective, harmonious, and therapeutic relationships
which rely on collaboration.
Staff members within CRS are trained in Team Teach. This is a system that
incorporates theory training and practical exercises to train staff how deal with
challenging and potentially physically aggressive behaviour. Team Teach advocates
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that avoidance is always preferable and staff members are able to identify an
escalation in behaviour and will always try and de-escalate this at the earliest
opportunity. Where this is not possible staff are trained in dis-engagement
techniques, and where required holding techniques.
Emphasis is also paid to the post crisis situation and ensuring any young person is
able to engage in a reflective discussion with staff as soon as possible and is
consulted on what occurred to ensure the impact of any intervention is minimised
and all parties are able to learn from the incident.
5.1 Definition of Physical Intervention
There are four broad categories of Physical Intervention.
Restraint: Defined as the positive application of force with the intention of
overpowering a child. Practically, this means any measure or technique designed to
completely restrict a child's mobility or prevent a child from leaving, for example:
• Any technique which involves a child being held on the floor;
• Any technique involving the child being held by two or more people;
• Any technique involving a child being held by one person if the balance of power is
so great that the child is effectively overpowered
• The locking or bolting a door in order to contain or prevent a child from leaving.
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.
2. Holding: This includes any measure or technique which involves the child being
held firmly by one person, so long as the child retains a degree of mobility and can
leave if determined enough.
3. Touch: This includes minimum contact in order to lead, guide, usher or block a
child; applied in a manner which permits the child quite a lot of freedom and mobility.
4. Presence: A form of control using no contact, such as standing in front of a child
or obstructing a doorway to negotiate with a child; but allowing the child the freedom
to leave if they wish.
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5.2 Who may use Physical Intervention
Under normal circumstances, only staff who have been trained to an appropriate
level may use Physical Intervention. However, in an emergency, the use of force by
other people may be justified if it is the only way to prevent Injury or Damage to
property (see Section 5.5, The Meaning of (Significant) Injury and (Serious) Damage
to Property). In these circumstances, the use of force must be consistent with the
procedures outlined in the guidance set out in this chapter.
Whenever possible, the techniques used should reflect the person's previous training
in the appropriate use of physical interventions.
In any case, the techniques used should:
• Not impede the process of breathing;
• Not intentionally inflict pain;
• Avoid vulnerable parts of the body, e.g. the neck, chest and sexual areas;
• Avoid hyperextension, hyper flexion and pressure on or across the joints;
• Not employ potentially dangerous positions.
5.3 Planning Ahead - Care and Placement Planning
It is accepted that Physical Interventions will often be used reactively by staff faced
with situations which pose potential risks of injury or damage to property. However,
research evidence shows that injuries to staff and young people are more likely to
occur when physical interventions are used to manage unforeseen events, and for
this reason great care should be taken to avoid situations where unplanned physical
interventions might be needed.
PLAN AHEAD!
As a matter of routine, preferably at point of referral or placement or as soon as
possible thereafter, Managers must create a Behavioural Management plan. Also
such risk assessment and planning should occur after incidents where physical
intervention may have been applied. If continuing risks exist, Managers must
establish a plan outlining the Strategies which will be adopted to reduce or prevent
the behaviour occurring.
Plans should include contingencies outlining whether Physical Intervention should be
used; and advising staff which techniques may be beneficial. These plans and
strategies, if possible, should be shared with the child concerned and should be
reviewed - either routinely or after serious incidents have occurred.
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5.4 Justification for using Physical Intervention
There are different justifications for Restraint, intended to overpower a child, and
other, less intrusive forms of Physical Intervention. Restraint is the intentional use of
force with a view to overpowering a child, and therefore may only be justified where
the likely injury is SIGNIFICANT or the likely damage to property is SERIOUS. These
terms are defined in Section 5.5, the meaning of (Significant) Injury and (Serious)
Damage to Property below.
Other forms of Physical Intervention, which are less intrusive by degrees, such as
Holding, Touching and Presence, may be justified to prevent Injury or damage to
property which is less than significant or serious; which is also defined below.
However, for any form of Physical Intervention to be justified, the person applying it
must be satisfied of the following:
1. That injury or damage to property is likely to happen in the Predictable future (see
Section 5.6, The Meaning of 'Predictable Future');
2. And that immediate necessary action to reduce or prevent the likelihood of the
injury or damage, (see Section 5.7, The Meaning if Immediately');
3. And that the use of physical intervention is a Last Resort, (see Section 5.8: The
Meaning of 'Last Resort');
4. And that the amount of force used is the Minimum Necessary to achieve the
objective, (see Section 5.9, The meaning of 'Minimum Necessary').
5.5 The meaning of (Significant) Injury and (Serious) Damage to
Property
It is not possible to provide an exhaustive definition given the variety of situations
that staff may face or how they should act. It is for the staff(s) on the spot to decide
themselves and act accordingly - in keeping with procedures and guidance set out in
this manual and the training they have received.
However, Injury and Damage (which is not significant or serious) which may justify
less intrusive Physical Interventions such as Presence, Touching or Holding include
the following:
• Minor injuries caused to the child or others;
• Wilful or reckless behaviour which may result in the child/others being at risk of
harm;
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• The likelihood of criminal offences not involving violence or potential risk of injury;
• Minor drug or alcohol misuse;
• Minor damage to property belonging to the child, the authority or others.
For Restraint to be justified (the use of Physical Intervention with the intention of
overpowering the child) the likely injury must be significant and the likely damage
must be serious. Significant Injury is broadly defined as actual or grievous bodily
harm, physical or sexual abuse, risking lives of or injury to, to self or others by wilful
or reckless behaviour and self-poisoning. This may include the following:
•abduction;
•actual and grievous bodily harm or more serious violent offences;
•attempted suicide or death;
•contact with known or suspected Schedule One Offender;
•poisoning;
•injury requires medical attention;
•serious drug or alcohol misuse;
•sexual exploitation, including sexual abuse, child pornography;
•theft/being carried in a stolen vehicle, or other criminal offences of a serious nature;
•serious damage to property.
For any form of Physical Intervention to be justified those using it must firstly believe
that injury or damage is likely in the predictable future.
5.6 The meaning of 'Predictable Future'
For any form of Physical Intervention to be justified, there must be a risk the injury or
damage is likely in the predictable future.
The fact that injury or damage has already occurred would not be a justification for
Physical Intervention UNLESS there is a risk that further injury or damage would
follow if adults did not act. For example, a child may break a small window, which
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may be interpreted as a minor misdemeanour and unlikely to be repeated; therefore
physical intervention may not be justified.
However, if the child is likely to use fragments of the glass as a weapon to cause
significant injury to themselves or another person, the use of physical intervention,
even restraint, may be justified in order to protect the person(s) and confiscate the
glass. Adults must not only believe that the injury or damage is likely in the
predictable future but also that their actions are immediately necessary.
5.7 The meaning of 'Immediately Necessary'
Immediately Necessary means that staff believe it is necessary to act, at the time, to
prevent a child or others from being injured or to prevent property from being
damaged at some time in the Predictable Future (see Section 5.6, Predictable
Future) If at all possible, all the staff caring should consult each other before acting;
even if there is an agreed plan or strategy in place to manage the behaviour.
However, if this is not possible, the staff must act as they see fit on the spot - as far
as possible within the parameters of the child's Care Plan, Placement Plan or other
plan in place. If no plan/strategy is in place, the staff must act as they see fit within
the procedures and guidance and the training they have received.
Before acting, the staff must satisfy themselves that their actions are necessary as a
Last Resort.
5.8 The meaning of 'last resort'
Last resort means:
• That all other non-physical methods of persuasion or control failed;
Or
• That all available non-physical methods would not work in the circumstances.
The other methods, which may work in the circumstances, can include less intrusive
physical interventions. However, staff may not use any physical interventions unless
they are satisfied that non-physical interventions have failed or would not work in the
circumstances. If possible, adults must use verbal and non-verbal skills, engaging
children, calming, reaching, using humour, the intervention of colleagues,
negotiating, listening, ignoring or leaving the situation if it works.
If these actions are not working (or staff believe they would not work if tried) they
may use physical interventions. If physical intervention is required, staff may only
use the minimum force necessary to achieve the objective.
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5.9 The meaning of Minimum Force
If physical intervention is Immediately necessary (see Section 5.7 The meaning of
'Immediately'), as a Last Resort (see Section 5.8 The meaning of 'Last Resort'), the
force used must be the minimum necessary to achieve the objective.
The minimum necessary means exactly that:
The amount of force used must be commensurate with the desired outcome and the
specific circumstances in terms of intensity and duration. For example, it may be
necessary to hold or restrain a child for a short period whilst s/he calms down
sufficiently to re-join a group or activity; or to temporarily block or prevent a child
from leaving the home to give staff/carers time to divert the child's attention from
absconding. It may also be appropriate for a person to block or prevent a child's
mobility or movement using Restraint whilst help is summoned, then giving the
opportunity for the intervention to be reduced when they arrive.
In all cases, the measures must be used for the minimum or shortest time
necessary; and the amount of force used must be the minimum that is necessary.
The possible adverse effects associated with the measures used be less severe that
the adverse consequences which may have occurred without it. The minimum
necessary may mean that proximity or use of physical presence will work in the
circumstances; and that it will not be necessary to use more intrusive forms of
Physical Intervention. However, where the risks are greater, and other less intrusive
interventions have failed or would not work, holding or restraint may be the minimum
that is necessary to achieve the objective.
In any case, caution should be exercised in releasing or reducing interventions too
early; to do so may escalate rather than calm the situation. Disengagement should
normally be undertaken in a planned and controlled manner.
If it is not possible to consult others before acting, the onus is on staff members, on
the spot, to decide what level of intervention is appropriate in the circumstances;
considering, for example:
• Any agreed strategy or plan that may exist for managing a given situation;
• The age, size and ability of the child and person managing the behaviour;
• The understanding of the child and ability to make informed decisions;
• Any disabilities or medical conditions the child may be suffering;
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• The abilities, skills of the person(s) managing the incident, and the training they
have undertaken;
• The emotional and mental state of the child; and whether the child is under the
influence of alcohol, drugs or other substances;
• The child's background, history of using violence etc.
Whatever interventions or measures are taken, the staff member must not place
themselves in a position where anyone's safety is seriously compromised. In such
circumstances they should call for help, maybe from the police, or retreat if that is the
only safe option open to them.
5.10 Use of Physical Intervention as a Sanction
Physical Intervention may not be used as a sanction.
5.11 Using Physical Interventions to prevent children being Absent
Restraint may be used to prevent a child from absenting him/herself in the following
circumstances:
• To prevent any child from leaving where there is a likelihood of Significant Injury
see Section 5.5.
Restraint may include the locking of a door temporarily to prevent a child from
leaving or slow a child's progress or call for help from others. Such measures may
be appropriate in the following circumstances:
Where a child aged 11/12 yrs and/or deemed vulnerable and persistently attempts
to leave the home in the evening against the instructions of the staff, where these
instructions are based on a considered and reasoned view that the child's welfare is
likely to be prejudiced or s/he is likely to come to harm.
Where a teenager is known to be engaged in vice or criminal activity or otherwise
known to come under negative influence or be at risk of harming him/herself or
others.
In these and other similar circumstances which do not necessarily constitute
Significant injury or Serious damage to property staff members must first try
persuasion and patient engagement in trying to prevent children from leaving; but if
these actions fail or it is believed they would fail staff members can use their
presence, touch or holding to prevent children in these circumstances from leaving.
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However, the physical intervention used must be used as a Last resort and must be
proportional to the risks. If the child persisted in the circumstances and there was no
risk of Significant Injury or serious damage to property (see Section 5.5) the staff
member may have to allow the child to leave.
5.12 Forcing compliance
Physical intervention may not be used simply to enforce compliance or in response
to challenging behaviour unless the behaviour gives rise to the expectation of injury
or damage to property. For example, if a child was arguing or being offensive toward
another child or others including the staff looking after them, it may be appropriate to
remonstrate, caution or reprimand the child; it may be appropriate to impose a
sanction.
It may also be appropriate to use such measures if a child was refusing to comply
with a reasonable instruction, such as a request to leave the room, get up in the
morning or retire at night. Such measures as reprimands and sanctions may be
appropriate if other, more encouraging measures are unlikely to work in the
circumstances. However, it would not be appropriate to use physical intervention
unless injury or damage was also likely.
Therefore, if a child was refusing to leave a room, and the adults suspected that if
the child did not leave, injury or damage to property would follow in the predictable
future, they may be justified in using their presence or other less intrusive forms of
physical intervention to guide or coerce the child into doing as required.
An alternative would be to ask colleagues to remove or withdraw the other children
present.
The same principles may apply in getting a child up in the morning. Physical
intervention would not be justified simply to get a child out of bed if there were no
likelihood of injury or damage to property in the predictable future. However, it may
be reasonable to take such action if doing so prevented disruption leading to injury or
damage to property within a predictable timescale.
In all these and other similar circumstances staff should discuss such issue and plan
ahead; preferably setting out the strategies to be used in the child's Placement Plan.
5.12 Medical Assistance and Examination
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.
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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.
5.13 Notifications & Recording
If an incident requires a physical intervention report has to be completed within 24
hrs. The recording should be as detailed as possible covering all sections of the
form, including details of the physical intervention used, the persons initiating the
physical intervention, other staff involved, and events leading up to the incident.
The staff member initiating the intervention or leading the intervention should
complete the physical intervention report. Staff must ensure that ALL the required
information is given on the form including:
• The full names of the staff and children involved – all should initial or sign to say
they have read the report. If any such person should disagree with the report this
should be recorded, with an explanation of their opinion and/or concerns.
• The date, duration and exact location of the restraint
• Describe the antecedents (incidents leading up to the event) showing clearly what
other strategies were tried to deal with the situation, and why restraint became
necessary.
• Give a clear step-by-step account of how the restraint was conducted, making
reference to Team Teach techniques as appropriate.
• Describe the outcomes of the restraint, including an account of the support offered
to the child.
• Whether the child or anyone else experienced injury or distress and, if they did,
what action was taken including seeking medical assistance.
The registered manager will regularly monitor the record books to monitor
compliance (Schedule 6) with the home’s policy, procedure and guidance and to
identify any patterns in incidents leading to disciplinary or physical intervention
becoming necessary. The monitoring will also address the implications for the care
of individual children and current care practice. The registered manager records any
comment on the appropriateness of individual uses of restraint, together with any
subsequent action taken, and signs against each entry to confirm the monitoring has
taken place.
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Staff Debrief
All physical interventions should be discussed as part of reflective practice with the
manager. There should always an opportunity for a debrief, this may vary from
discussion via phone between the Manager (or Senior) to a full meeting with all
involved to clarify circumstances surrounding an incident, depending on the impact
of the incident. This is to promote reflective practice. Debriefs MUST happen as soon
as reasonably practicable following the incident.
• Did any party sustain an accidental injury during restraint? If so an accident form
must be completed. If this is ticked yes, it must be made clear who has sustained an
injury and how this occurred.
• Was medical assistance sought? If this is ticked yes, it must be indicated in
‘outcomes’ what was done to address this (also see below).
• Was this a Notifiable Event as laid out in Schedule 5 of the Children’s Homes
Regulations?
• Does any party feel that this incident needs further discussion for any reason? Yes,
if you feel unsure or unhappy about any aspect of a restraint. It is professional
practice for staff to challenge each other appropriately to ensure best practice at all
times to ensure safety of both young people and staff.
• The young person MUST be given the chance to comment on the physical
intervention, consider using a member of staff who was not involved in the
intervention if this is appropriate or preferred by the child, even if this has to be done
some time later. The child’s comment, or their refusal to comment, must be noted on
the report form within the 24hr timeframe.
• Should the child wish to make a complaint, then the Complaints Procedure must be
followed. Consideration should be given to the member of staff listening to and
recording the complaint must not have been involved in the intervention.
• Refreshment and freshening up should be offered as soon as possible after the
incident.
• The child has the right to request a medical examination.
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6. LOCKING OR BOLTING OF DOORS
It is acceptable to use electronic mechanisms or other modifications to a Children's
Home 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. 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, 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:
a. The home's Statement of Purpose must clearly state the policy and strategies for
using such methods;
b. Such restrictions for one child do not impose similar restrictions on other children.
7. REQUIREMENT FOR POLICE INVOLVEMENT
A decision to contact the Police should normally be taken by the manager of the
home unless a serious incident has occurred, in which case, staff may contact the
police immediately then inform a manager. See Section 7.10, Categories of
Response.
The following situations are the most common ones in children's homes where police
involvement might be requested:
7.1 Violence by a Child or Young Person on Another
These are incidents between residents within the home range from minor
disagreements through to serious assaults where physical injury is caused. Such
incidents can be complicated by having two vulnerable parties. Factors for this
category of offences are listed below and this list does not reflect any order of
priority:
•Wishes of the victim
•Severity of the injury sustained/nature of threat received by the victim
•Probability of a repeat incident
•Previous relationship between victim and offender
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•Potential impact on the child/young person following formal police involvement
•Effectiveness of police action/court proceedings
•Future best interests of both parties
•Message sent to other young people
•Availability of alternative causes of action, e.g. restorative approaches with the
consent of the victim
•Previous behaviour or offending, bullying/peer pressure/duress
7.2 Violence to Staff by a Child or Young Person
Violence towards staff can vary from verbal threats to physical acts amounting to
assault. Such incidents are affected by factors similar to those listed above, and staff
should be encouraged to report any incidents that cannot be dealt with through
alternative means. Where there is no immediate continuing threat of violence it is in
the best interests of the staff member to take time to discuss and consider possible
options.
This however, does not remove the individual's right to involve the police. Following
such incidents it is important that staff utilise standard de-briefing processes. Staff
should also ensure risk assessments are updated or completed in relation to the risk
of violence or injury to themselves or colleagues. A professionals meeting could be a
useful method by which to assess these risks and look at ways this risk could be
reduced.
7.3 Criminal Damage within the Home
It is important to see this in the context of the needs of the child and whether
involving the police is an effective and proportionate response. Factors to consider
are listed and the list does not reflect any order of priority:
•Level/value of damage caused
•Previous incidents of a similar nature by the same child or young person
•Suitability or effectiveness of police involvement
•Impact of police involvement of the child's overall Care Plan
•Message sent to other young people if applicable
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•Availability of alternative courses of action, for example referral to the Youth
Offending
7.4 Theft within the Home or Placement
Most offences of theft within the home are likely to be of low value, but the possible
start of criminal behaviour, although it should be emphasised that value is a
subjective issue relative to the victim. Factors to be considered include (this list does
not reflect any order of priority):
• Wishes of the victim;
• Nature and seriousness of the allegation;
• Requirement for formal investigation, e.g. insurance claim requires a crime
reference report;
• Availability of alternative courses of action, e.g. restorative approaches.
7.5 Criminal Damage to Staff or Carers' cars or Property
Factors for consideration should be similar to those in Section 7.3, Criminal Damage
within the Home, and again this list does not reflect any order of priority:
• Nature and seriousness of the allegation;
• Requirement for formal investigation, e.g. insurance claim;
• Wishes and best interest of the victim;
• Availability of alternative courses of action, e.g. restorative approaches.
7.6 Disorder in or Around the Home or Placement
The area of disorder is subjective and requires judgement by staff to avoid
unnecessary police involvement for minor infringements of discipline. The main
factors that should be considered are:
•Nature and seriousness of the disorder
•Risk or threat of violence
•The wishes of and impact on the immediate community
•The availability of alternative courses of action
7.7 Trespass Within and Around Home or Placement
All incidents of trespass by persons unknown should be reported to the police as
visits/trespass by outside associates of residents can be dealt with effectively under
the Harassment Act, which will protect young people and staff.
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7.8 Substance Misuse
The misuse of controlled drugs within a home is a serious issue and it is essential
that the response is prompt and effective. In response to incidents staff will be
guided by the Government Tackling Drugs Strategy, which has four main aims:
•Help young people to resist drugs use in order to achieve their full potential in
society
•Reduce the acceptability and availability of alcohol and other drugs to young people
•Minimise the health risks and other damage associated with substance use by
young people
•Increase the safety of communities from drug related crime.
Staff will need to balance these principles with their duty of care for the young people
in the home and their role in managing young people's behaviour as part of their care
responsibilities as well as their responsibilities to the wider community.
7.9 Hate Crime (Racist, Religion, Homophobic, Gender, Disability)
A multi-agency approach to such incidents can ensure that help is provided to
victims of these incidents providing them with a range of options for reporting and
ensuring that the young person is sufficiently supported. When dealing with the
incidents outlined as Hate Crime in relation to racist incidents, whether or not the
incident amounts to a crime, the person reporting should be asked to consent to the
disclosure of this information to other agencies for the sole purpose of prevention or
detection.
There should be an emphasis in educating young people about other race, religion,
gender, sexual orientation and disability as the best response is to help a young
person understand others. A restorative approach should be used even if there is a
need for police involvement.
7.10 Categories of Response
The staff team will generally manage problematic situations except where they are
so severe that immediate police involvement is essential in order to avoid physical
assault or damage when no other measures are safe and proportionate. The
Protocol identifies three categories
•Serious Incidents;
•Not serious Incidents;
•Liaison;
•Internal Incidents.
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Serious Incidents
Incidents of violence requiring an immediate police response where children/young
persons or staff members are:
•At risk of immediate serious physical harm;
•Where there is a risk of substantial damage to property; or
• Risk of significant disorder with the home.
In such situations the Manager of the Home/Senior Person on Duty should contact
the police using the 999 system. If the Manager has not been consulted/informed
prior to contacting the Police, s/he should be notified without delay. The social
worker must also be notified and the Regulatory Authority (See Notifiable Events
Procedures).
Not Serious Incidents
An incident where no immediate police response is required for example where
assaults or damage has occurred and there is no risk of reoccurrence/significant
harm to people, or incidents of theft. The incidents should be reported to the home's
manager who then has the responsibility of identifying the appropriate course of
action.
It is important to avoid any unnecessary reporting of incidents to the police. Should
the Manager decide and/or the victim wishes that formal police involvement is
necessary, where possible this should be through the Community Beat Officer. If this
officer is unavailable the Manager should contact the Police Control Room to request
a delay or scheduled response visit by another Community Beat Officer.
In certain circumstances preservation of evidence may be an issue and residential
staff will need to ensure that reasonable steps are taken to retain articles relevant to
any criminal allegation or police investigation.
Liaison
Police involvement should be on a risk assessment basis. The primary police
involvement in children's homes should be through the Community Beat Officer,
meeting staff on a regular basis. Whilst some officers may already perform this duty
it must be emphasised that a good working relationship is the most effective way to
respond to young people with difficulties.
A regular liaison meeting ideally on a four weekly basis between the Community
Beat Officer and Manager would provide for discussion of not serious incidents
within the home to identify the appropriate method of resolution, including:
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•Internal action by Staff with no police involvement
•Formal police investigation primarily by the Community Beat Officer and any
resulting action.
It is not the intention of this Protocol to restrict the options available to Residential
Staff and Community Beat Officers but to emphasise the importance of flexibility in
determining the most suitable option for dealing with children and young persons.
Additional advice and support could be sought from the child's social worker.
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Completed by Children’s Homes Senior Homes Managers and the CLA Service Manager Next Review date: July 2015