3.9.2 Sanctions

Contents

1. Approved and Non Approved Sanctions
2. Informing Children
3. When Sanctions may be Imposed
4. Monitoring and Recording use of Sanctions

1. Approved and Non Approved Sanctions

1.1 Approved Sanctions

The following restrictions, if placed upon a child, are deemed to be a Sanction and must be recorded as such:

1. Confiscation or withdrawal of a telephone or mobile 'phone in order to protect a child or another person from harm, injury or to protect property from being damaged. See: Telephones and Correspondence Procedure
2. The requirement for a child to get up or go to bed up to one hour before the normal time
3. The 'grounding' of a child within the home, or any restriction on a child from leaving the home. Although 'grounded', a child may only be prevented from leaving the home by the use of Physical Intervention in certain circumstances. See Physical Intervention Procedure
4. Preventing a child from being carried in a vehicle; a 'Car Ban'; even if a car ban is in place staff can take children on essential journey's e.g. to visit parents, with the authority of the Manager
5. Any restriction on the normal use of or undertaking of Activities or Leisure pursuits, including withdrawal or suspension of the use of a TV
6. Loss of privileges or any requirement on a child to undertake additional/extra household chores or tasks
7. The payment of pocket money as reparation for damage to property or theft. NB: Children may only be required to pay a maximum of 2/3 pocket money up to a maximum of six weeks for damage or theft

In certain circumstances it may be appropriate to apply other sanctions upon individual children. If this appears necessary, the sanctions used must be approved by the manager of the home in consultation with the relevant child’s social worker. In doing so, the non-approved sanctions, outlined in Behaviour Management Guidance - to follow should be taken into consideration.

1.2 Non Approved Sanctions

No sanctions, apart from those listed above, are approved to be used in Children's Homes.

The sanctions that are specifically not approved by the the Children's Homes Regulations are:

The following Sanctions are Non Approved, which means they may never be imposed upon children:

1. Any form of Corporal Punishment; i.e. any intentional application of force as punishment, including slapping, punching, rough handling and throwing missiles
2. Any Sanction relating to the consumption or deprivation of food or drink
3. Any restriction on a child's contact with his or her parents, relatives or friends; visits to the child by his or her parents, relatives or friends; or his or her access to any telephone helpline providing counselling or advice for children.
   
   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.
4. Any requirement that a child wear distinctive or inappropriate clothes
5. The use or withholding of medication or medical or dental treatment
6. The intentional deprivation of sleep
7. The modification of a child's behaviour through bribery or the use of threats
8. Any Sanction used intentionally or unintentionally which may humiliate a child or could cause them to be ridiculed 
9. The imposition of any fine or financial penalty, other than a requirement for the payment of a reasonable sum by way of reparation 
10. The Court may impose fines upon children which staff should encourage and support them to repay
11. Any intimate physical examination of a child
12. The withholding of aids/equipment needed by a disabled child
13. Any measure which involves a child in the imposition of any measure against any other child; or the Sanction of a group of children for the behaviour of an individual child
14. Swearing at or the use of foul, demeaning or humiliating language or measures

The person's with whom the child may have contact, in relation to c. above.

1. Any officer of the Children and Family Court Advisory and Support Service appointed for the child
2. Any social worker for the time being assigned to the child by his Social Worker
3. Any person appointed in respect of any requirement of the procedure specified in the Representations Procedure (Children) Regulations 1991
4. Any person appointed as a visitor for him in accordance with paragraph 17 of Schedule 2 to the 1989 Act
5. Any person authorised by the Regulatory Authority
6. Any person authorised by the local authority in whose area the children's home is situated
7. Any person authorised in accordance with section 80(2) of the 1989 Act by the Secretary of State to conduct an inspection of the children's home and the children there

2. Informing Children

Children should be informed about the range of sanctions that may be imposed upon them and the possible circumstances which may result in sanctions.

This information must be provided in a Children's Guide or outlined in the Placement Plan for individual children.

3. When Sanctions may be Imposed

Only Approved Sanctions may be imposed, as a negative consequence for unacceptable behaviour. 

Sanctions may only be imposed as a last resort with the intention of encouraging acceptable behaviour or acting as a disincentive for unacceptable behaviour.

Sanctions must never be imposed simply as a consequence of unacceptable behaviour.

Caution should be exercised to ensure that sanctions do not act as positive re-enforcement of unacceptable behaviour.

Before any sanction is imposed staff/carers must be satisfied of the following:

1. That the child was capable of behaving acceptably and understands what was required of him/her
2. Other encouraging and rewarding strategies have not worked or would not work in the circumstances
3. The sanction imposed is relevant, fair and must last no longer than is absolutely necessary
4. There is a view that the sanction may encourage acceptable behaviour or act as a disincentive

4. Monitoring and Recording use of Sanctions

The Manager must monitor and review the use of sanctions and be satisfied that they are used appropriately. 

Sanctions must be recorded in a hard back book containing the following information:

• Date
• Name of young person
• Sanction
• The reason for the sanction
• Consequence Staff member making sanction
• Signature of young person concerned
• Countersignature of Home's Manager