Children’s Residential Service...Completed by Children’s Homes Senior Homes Managers and the CLA Service Manager Next Review date: July 2015 of care can carry out their duties

Completed by Children’s Homes Senior Homes Managers and the CLA Service Manager Next Review date: July 2015

Children’s Residential Service

Behaviour Management Policy & Staff

Guidance


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


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


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.


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.


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.


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


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;


• 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.


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—


(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.


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


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.


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.


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;


• 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


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.


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;


• 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.


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.


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.


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.


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


•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


•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.


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.


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:


•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.



Documents

Children’s Residential Service...Completed by Children’s Homes Senior Homes Managers and the CLA Service Manager Next Review date: July 2015 of care can carry out their duties