4.3.4 Safe Intervention Policy

Purpose

Blackpool's CSA is committed to protecting the health, welfare and safety of all staff and children and young people in carrying out their duties and responsibilities.  This policy aims to:

1. Raise awareness of challenging behaviour and good practice interventions to manage challenging behaviour.
2. Promote working environments where the management of challenging behaviour is less likely to result in the use of restrictive physical interventions (see Ethos).
3. Clarify for staff and all other parties on the legislative framework applying to different professional groups of staff.
4. Ensure that all staff, in the context of undertaking their duties and managing challenging behaviour, are fully aware of their duties of care and are provided with a practice framework that enables them to ensure that their actions will be defendable in law.

Definitions

Challenging behaviour can be defined in a variety of ways.  This policy     adopts the following definition:

"Severe challenging behaviour refers to behaviour of such an intensity, frequency or duration that the physical safety of the person or others is likely to be placed in serious jeopardy, or behaviour which is likely to seriously limit or delay access to the use of ordinary community facilities."   Emerson et al (1987).

Restrictive Physical Interventions can be described in different ways.  This policy is working towards the following:

1. The BILD 2006: Good Practice in Physical Interventions: A Guide for Staff and Managers)
   "any form of restrictive intervention, be it a physical, mechanical, chemical environmental or social/psychological intervention, which is designed and used (intentionally or unintentionally) to limit or restrict another persons liberty".
2. Department of Health Guidance on permissible forms of control in children's Residential Care, 1993 Paragraph 5.2),
   "Physical restraint is the positive application of force with the intention of overpowering the child. That is, in order to protect the child from harming himself or others or seriously damaging property".

Values for working with children presenting challenging behaviour

Principles

This policy is based on a set of principles that provides a foundation on which to develop appropriate strategies for physical interventions for children and young people. These are as follows:

1. The policy has been comprehensively developed and consulted upon (especially including the involvement of children).
2. The behaviour management policy in all establishments promote positive behaviour and the principle of inclusion.
3. Staff are aware of the policy and competent to work with children who may present challenging behaviour.  An understanding of policy enables staff to act appropriately and in good faith in exercising their duty of care to the child, (i.e. their actions are defendable).  In some circumstances specific training may be required.
4. Staff and children are supported through the process of restrictive physical intervention with systems in place for mediating and restoring and rebuilding relationships between child and staff member(s).
5. Risks are foreseen and risk management plans or behaviour management plans have been developed and shared with the child and the child's parent(s) and or carer(s). Thus, the possible use of restrictive physical interventions as a last resort has been communicated.
6. Restrictive physical interventions will be designed to achieve outcomes that reflect the best interests of the child whose behaviour is of immediate concern and others affected by the behaviour requiring intervention. 
7. The use of restrictive physical intervention should, wherever possible, be avoided and on those occasions when appropriate, it must be used in ways that maintain the safety and dignity of all concerned.
8. Any restrictive physical intervention will only employ the minimum amount of force needed to avert injury, damage to property or (in schools) to prevent the breakdown of discipline and applied for the shortest period of time.  At no time will physical contact be used deliberately, intended to punish, or which is primarily intended to cause pain, injury or humiliation.
9. The prosecution and criminalisation of children presenting challenging behaviour should be minimised and normally take place only after all reasonable steps have been taken to control the child or the extent of the behaviour is presenting a serious threat to the safety and well-being of others.

Ethos

All staff should be supported in adopting a positive approach to behaviour in order to build self-esteem and they should work in partnership with those who know the individual children well to:

• understand why he or she behaves in a particular way;
• promote autonomous self-regulation;
• understand the factors that influence the behaviour;
• identify early warning signs that indicate negative behaviours are developing.

Key Practice points for Staff using Restrictive Physical Intervention

This policy cannot offer a comprehensive interpretation of the law in this respect but key references can be found in Section 2.  Appendix 1 and 2 offer Advice on Staff Conduct When Using Positive Interventions and Dos and Don'ts in Restorative Practice Situations. 

Post Incident Support and Management

Reporting and Recording

Reporting. Different establishments may have different protocols to achieve this effectively as clearly set out in the establishment / service procedures that need to be written to interpret this policy.  Following any use of restrictive physical intervention the incident must be reported immediately by the person responsible for the intervention, to their on-site line manager.  Other people that will need to receive a report of the incident;

1. Those people who hold parental responsibility for the child;
2. The carers of the child (may be the same as for i);
3. Senior managers of the establishment;
4. Those responsible for the safe operation of the establishment, e.g. school governors;
5. In cases where there is any adverse outcome from the event (complaints and injuries to children, staff or others) or there has been the possibility of injury (near miss), the Occupational Health and Safety Unit require the appropriate documentation in line with departmental accident reporting and RIDDOR procedures.

As based on the Children's Homes Regulations 2001, it will be the responsibility of the manager of a children's home to ensure that within 24 hours of the use of any form of physical restrictive intervention a written record is made and retained by the establishment that shall include:

1. the name of the child concerned;
2. details of the child's behaviour leading to the use of the measure
3. a description of the measure used;
4. the date, time and location of, the use of the measure and the duration of the restraint;
5. the name of the person using the measure and any other person present;
6. the effectiveness and any consequences of the use of the measure; the signature of a person authorised by the registered provider to make the record.

Recording. It is important that all establishments follow best practice guidance in respect of recording and in monitoring restrictive physical interventions and are able to fully contribute to monitoring by the CSA.  Following the use of any restrictive physical intervention a full record of the incident should be completed as soon as possible and within 24 hours of the incident. 

Each establishment or setting will produce and submit a quarterly report to the CSA identifying:

• the number of restrictive physical interventions
• the number of children involved
• the 6 equality strands (i.e. race/ethnicity, age, gender, disability, religion/faith, lesbian/gay) of the children involved
• the number of staff members involved
• the number of injuries requiring medical treatment or time off work
• the number of complaints received
• an overview of practice in respect of restrictive physical intervention and compliance with this policy.

A nil return is required.

1.9

Management and Evaluation

This policy will be evaluated specifically against the following objectives and   know it is successful when there is:

1. a reduction in the use of restrictive physical intervention as indicated by reporting levels;
2. a reduction in the number of exclusions of children from school;
3. a reduction in the amount of staff time lost due to involvement in restrictive physical interventions;
4. improved levels of parental and children's satisfaction in services offered;
5. a reduction in the number of complaints attributable to restrictive physical intervention not being resolved at an early stage.

To achieve this all establishments and settings should have well thought out policy and procedural guidance sufficient and adequate to ensure that:

1. health and safety at work is maintained
2. duty of care is being fulfilled
3. the approach is legal
4. the approach is consistent with the CSA policy
5. the approach is consistent with best practice guidance.

1.10 

Complaints

In some cases, staff or others may feel that a restrictive physical intervention has not been appropriate but also feel unable to make representations by the usual routes. In such cases, the CSA will respond to its Disciplinary Code on 'Whistle-blowing", where the observer of an incident feels that:

• the use of restrictive physical intervention was inappropriate (considering the risk involved);
• it was used inappropriately (considering the concept of reasonable force), or
• that the motives of the staff using restrictive physical intervention could be open to question

1.11

Staff Training and Development Strategy

The basic principles of self defence and the prevention of crime are set out in;

(Palmer v R (1971) A.c814; see also (Archbold 19-41 & 19-39);

"It is good law and good sense that a man who is attacked may defend himself. It is both good law and good sense that he may do, but only do, what is reasonably necessary."

' A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."

There is no legal definition of 'reasonable force' hence it is not possible to clearly set out when it is reasonable to use force, or the degree of force that may be reasonably used.  Reasonable force can be used in the prevention of a crime, or the prevention of a breach of the peace. The physical intervention must be relative to the actual or perceived harm and must cease as soon as possible.  However, the summary of Circular 10/98 (Dept of Education and Employment Circular) gives some guidance and there are two relevant considerations.

1. 'The use of force can be regarded as reasonable only if the circumstances or the particular incident warrant it.  The use of any degree of force is unlawful if the particular circumstances do not warrant the use of physical force.  Therefore the use of physical force could not be justified to prevent a child from committing a trivial misdemeanour or in a situation that could clearly be resolved without the use of force'.
2. 'The degree of force employed must be in proportion to the circumstances of the incident and the seriousness of the behaviour or the consequences it is intended to prevent.  Any force should always be the minimum needed to achieve the desired result over the shortest possible time.  The reasonable use of force, and the degree of force that should reasonably be employed, might also depend on the age, understanding and intent and potential impact of the child'.

Staff must be aware of specific legislative, governmental and council / departmental guidance when deciding whether physical intervention is appropriate.  The following is a key selection but is not exhaustive and managers need to be cognisant of developments to ensure that staff practice is up to date.

Legislation for Duty of Care

United Nations Convention on the Rights of the Child

The following articles are of particular relevance:

• Article 3 - All organisations concerned with children should work towards what is best for each child.
• Article 12 - Children have the right to say what they think should happen when adults are making decisions that affect them and to have their opinions taken into account.
• Article 28 - Discipline in schools should respect children's human dignity.
• Article 39 - Children who have been neglected or abused should receive special help to restore their self-respect.

Children and Young Persons Act, 1993

Children Act 1989, 22 (3)

2.12

Blackpool Children and Young People's Plan / Local Area Agreement

Legislation for use of Physically Restrictive Interventions

Education and Inspections Act 2006

A person may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely-

• committing any offence;
• causing personal injury to, or damage to the property of, any person (including the pupil himself), or
• prejudicing the maintenance of good order and discipline at the school or among any pupils receiving education at the school, whether during a teaching session or otherwise.

This applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil and may be exercised only where the member of the staff and the pupil are on the premises of the school in question or they are elsewhere and the member of the staff has lawful control or charge of the pupil concerned.  It does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.

Screening and Searching of Pupils for Weapons: Guidance for School Staff - Department for Education and Skills, 2007