Use of reasonable force in schools: new Ofsted Approach

Under s. 93 Education and Inspections Act 2006, all members of school staff have a legal power to use reasonable force on and off school premises where the member of staff has lawful control, or is in charge, of the pupil concerned. The decision on whether or not to physically intervene is down to the professional judgement of the member of staff concerned and has to be judged on a case-by-case basis. Every school should set out, in its Behaviour Policy, the circumstances in which force can be used; staff should also receive training.

What is meant by control and when can it be used?

Control means either passive physical contact, such as standing between pupils or blocking a pupil's path, or active physical contact such as leading a pupil by the arm out of a classroom.

When can a pupil be restrained?

This means to hold back physically or to bring a pupil under control in more extreme circumstances, for example when two pupils are fighting and refuse to separate without physical intervention. School staff should always try to avoid acting in a way that might cause injury, but the law recognises that in extreme cases it may not always be possible to avoid injuring the pupil. The kinds of situation include:

• removing disruptive children from the classroom where they have refused to follow an instruction to leave;
• preventing a pupil behaving in a way that disrupts a school event or a school trip or visit;
• preventing a pupil leaving the classroom to keep them safe
• preventing a pupil from attacking a member of staff or another pupil
• restraining a pupil at risk of harming themselves through physical outbursts.

When else can reasonable force be used?

Headteachers and authorised members of staff can also use reasonable force to conduct a search for objects prohibited by law, including illegal drugs, stolen goods, alcohol and knives.

However, force cannot be used to search for items only banned under the school rules.

Ofsted’s position

In their recent report, Positive environments where children can flourish, Ofsted have advised that informing parents is good practice but not required. Similarly, schools are also not required to record and report incidents of the use of restraint. However, Ofsted are likely to question schools on their reasons for not notifying parents and if the rationale is that this would place a child at greater risk, then Ofsted would expect that a safeguarding referral should have been made. Because recording is not compulsory, Ofsted have advised that when inspecting schools they will review the impact, of any recorded incidents, on the safeguarding and welfare of the children concerned.