New seclusion and restraint rules: what schools need to know and practical tips
Key points
The guidance aims to:
- help schools to proactively minimise the need to use restrictive interventions through early support, prevention, and de-escalation strategies
- set out how schools can use these interventions safely, appropriately and lawfully when required, and
- ensure that parents are informed when their child is subjected to seclusion or restraint.
This guidance should be read alongside:
The Department for Education’s newly published guidance entitled “Restrictive interventions: including use of reasonable force, in schools” will come into force from April 2026, replacing the previous reasonable force guidance from 2013.
Who does the guidance apply to?
The guidance applies to the following schools in England:
- Independent schools
- Maintained schools
- Academies and free schools
- PRUs
- Special schools
Status of the guidance
- The document contains statutory guidance regarding the recording of use of force on a pupil by a member of staff (page 14)
- The rest of the guidance is non-statutory
- Where the guidance uses the word “must”, the school is legally required to do something; where the guidance uses the word “should”, the school should follow the guidance unless there is good reason not to.
Terminology
The terms used in the guidance have the following definitions:
Restrictive intervention: a means to prevent, restrict, or subdue movement of the body, or part of the body, of a pupil. This encompasses both physical and non-physical actions aimed to restrained pupils.
Reasonable force: this term includes physical restrictive interventions: reasonable means using no more force than is necessary for the least amount of time, the application of which will depend on the circumstances
Significant incident: any incident where the use of force goes beyond appropriate physical contact between pupils and staff as described in ‘Other physical contact with pupils’ within the guidance. This includes when physical force is used to implement a non-physical restrictive intervention.
Seclusion: a non-disciplinary intervention involving keeping a pupil confined to a place away from others, and preventing them from leaving either by physical obstruction, blocking, or making them believe they will be punished if they try to leave.
Restraint: this term refers to a non-disciplinary intervention which immobilises a pupil or limits their movement. This may or may not include direct physical contact.
Who can use reasonable force?
The guidance confirms that there is a legal power to use reasonable force as follows:
- by any staff member to prevent a pupil from:
- causing injury to themselves or others
- committing a criminal offence
- damaging property
- causing disorder among pupils at the school, whether during a teaching session or otherwise
- by a headteacher, or staff authorised by them, to search for legally prohibited items.
The guidance is clear that staff who are likely to need to use reasonable force and/or other restrictive interventions should be adequately trained.
When are restrictive interventions appropriate?
School staff must consider whether it is reasonable to use a restrictive intervention by asking themselves:
- is it necessary?
- Is it proportionate?
- Have you considered the pupil’s welfare?
The guidance helpfully sets out factors to take into account when considering these questions.
Considerations for pupils with Special Educational Needs and Disabilities (SEND)
Schools must bear in mind that pupils with SEND may be more likely to display behaviours which are harmful to themselves or others and therefore may be disproportionately subject to the use of restrictive interventions. It will be important to manage risk by working with the pupil, parents and other professionals to develop prevention and de-escalation strategies and produce behaviour support plans where necessary.
Schools must bear in mind their duties under the Equality Act 2010 including the anticipatory duty to make reasonable adjustments.
Recording and reporting duties
Recording the use of force
There must be a procedure in place for recording each significant incident in which a member of staff uses force on a pupil.
The incident must be recorded in writing as soon as practicable after the incident.
The following should be recorded as a minimum:
- names of pupil and staff directly involved
- any relevant needs or circumstances of the pupil, including whether the pupil involved has an identified special educational need or disability and their SEN status code
- time, date, location and approximate duration of the intervention
- brief account of the incident, including what led up to the incident, identified or potential triggers if known, any preventative or de-escalation strategies used, and (where relevant) what type of reasonable force was applied, the degree of force, and details of any physical injuries sustained
- brief account of why the use of force was assessed as necessary in that instance, and
- any post-incident support, such as details of any medical treatment for injuries or other adverse impacts.
Reporting the use of force
There must be a procedure in place for reporting each significant use of force to the parents/carers of the pupil involved, in writing, as soon as practicable after the incident, and the school should endeavour to do this no later than the same day.
The following details should be reported as a minimum:
- time, date, location and approximate duration of the intervention
- brief account of why the intervention was assessed as necessary in that instance
- brief account of what type of force was applied, and the degree of force, and
- details of any physical injuries sustained, if applicable.
The parents should be invited to engage in a follow-up discussion about the incident where appropriate.
Recording and reporting the use of seclusion and non-force related restraint
There must be a procedure in place for recording each seclusion or restraint incident.
The incident must be recorded in writing as soon as practicable after the incident, and the school should endeavour to do this no later than the same day.
Schools should record the following details as a minimum:
- names of pupil and staff directly involved
- time, date, location and approximate duration of the intervention
- any relevant needs or circumstances of the pupil, including whether the pupil involved has an identified special educational need or disability and their SEN status code
- brief account of why the intervention was assessed as necessary in that instance
- details of any physical injuries sustained, if applicable, and
- any post-incident support, such as details of any medical treatment for injuries or other adverse impacts.
Schools must ensure there is a procedure for informing parents as soon as practicable after the incident and schools should endeavour to do this no later than the same day.
Schools must also supply a written record of the seclusion or restraint incident to parents.
Exceptions to the requirements to report
The following are exceptions to the requirements to report use of force or seclusion and non-force related restraints:
- the pupil is aged 20 or over; or
- it appears to the staff member that doing so would be likely to result in serious harm to the pupil. In this instance, the staff member must report the incident to any parent(s) who it can be reported to without resulting in significant harm or, if there are none, to the local authority within whose area the pupil is ordinarily resident.
Practical tips for schools
- Update behaviour and safeguarding policies:
- to incorporate definitions including seclusion and restraint, and
- add a clear procedure for recording and reporting.
- Create or update recording systems:
- to enable clear, timely and consistent recording, and
- to ensure the minimum required details are provided.
- Create templates and clear internal workflows for timely reporting to parents
- Ensure staff are adequately trained as to:
- what constitutes seclusion, restraint and reasonable force
- recording and reporting duties
- de-escalation and safe and lawful restrictive practices
- Strengthen safeguarding oversight
- designate senior staff to review incidents regularly
- ensure DSL involvement where appropriate, especially for vulnerable pupils
- Consider SEND pupils:
- Ensure interventions are adapted for pupils’ SEND profiles, and
- Consider adaptations/additions to behaviour support plans.
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Celia Whittuck
Celia is an education law senior associate who supports children, their parents and University students with the full breadth of legal issues across the education system.
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- T: +44 (0)118 207 5528
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The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.