When staff in a children’s home use restraint, the law sets out what must happen next, and by when. The rules are in regulation 35 of the Children’s Homes (England) Regulations 2015, which covers behaviour management policies and records. Inspectors check them closely.
This guide walks through the three deadlines, what the record must contain, and the wider rules on when restraint can be used at all.
First: when restraint is allowed
Regulation 20 sets the limits. Restraint is only allowed to prevent:
- injury to any person, including the child
- serious damage to anyone’s property, including the child’s
- a child in a secure children’s home from absconding
It must also be necessary and proportionate. The Guide to the Children’s Homes Regulations adds that injury includes psychological harm, that force must be the minimum needed for the shortest possible time, and that restraint which deliberately inflicts pain can never be proportionate. Holds that may interfere with breathing, or holds by the neck, are not allowed in any circumstances.
Restraint also covers restricting a child’s liberty of movement, not just holding them. The Guide gives examples such as high door handles or turning off a child’s electric wheelchair, and says these should be recorded as restraint too.
Within 24 hours: make the record
Regulation 35(3)(a) says a record must be made within 24 hours of any measure of control, discipline or restraint. It must include:
- the child’s name
- details of the child’s behaviour that led to the measure
- the date, time and location
- a description of the measure and how long it lasted
- what was tried first, or what steps were taken to avoid needing it
- the name of the person who used it, and anyone else present
- how effective it was and any consequences
- any injury to the child or anyone else, and any medical treatment given
Write it while it is fresh. Vague phrases such as “appropriate hold used” tell an inspector nothing; the name of the hold, how long it lasted and how it ended do.
Within 48 hours: the manager speaks to the staff and signs
Regulation 35(3)(b) says that within 48 hours, the registered person, or someone they have authorised, must have:
- spoken to the person who used the measure about it, and
- signed the record to confirm it is accurate
This is a real conversation, not just a signature. It is the chance to check the account, ask whether anything could have been done differently and spot any training need.
Within 5 days: speak to the child
Regulation 35(3)(c) says that within 5 days, the registered person or authorised person must add to the record confirmation that they have spoken to the child about it.
The Guide goes further. The child should get the chance to express their feelings about the restraint as soon as practicable, ideally within 24 hours, taking their age and the circumstances into account. Some children need longer, which is why the record has a 5 day limit. Children should be encouraged to add their own views to the record, and offered advocacy support to help them do so.
The exception for planned restraint
The recording steps do not apply to restraint that is planned or provided for as a matter of routine in a child’s EHC plan or statement of special educational needs. If the plan provides for a restraint that is not part of the daily routine, it must still be recorded each time it is used. Any other restraint must always be recorded, and every restraint must still meet regulation 20.
What Ofsted looks at
Inspectors use restraint records to judge how well children are helped and protected. They look at whether records show staff using each child’s individual strategies to calm situations and reduce physical intervention. The Guide also says all incidents of control, discipline and restraint should be scrutinised regularly so the home can spot patterns and change practice.
That means the records need to be easy to review across time: how often, which child, which staff, what time of day. A pile of paper forms makes that hard.
Some incidents also need telling to Ofsted. Regulation 40 requires a notification without delay for, among other things, an allegation of abuse against the home or a member of staff, an incident needing police involvement that the registered person considers serious, or any other incident the registered person considers serious.
A simple checklist
- Record made within 24 hours, with all eight details
- Manager or authorised person has spoken to the staff member and signed within 48 hours
- Child spoken to, and confirmation added to the record, within 5 days
- Child offered the chance to add their views, and advocacy
- Child’s risk assessment and behaviour plan reviewed
- Notification to Ofsted made if regulation 40 applies
- Incident included in the regular review of restraint across the home
Keeping track of the deadlines
In Precinct Care, the recording system we are developing for children’s homes, a daily log that mentions physical intervention opens an incident form, and saving it starts the regulation 35 clock. The manager is reminded until the 48 hour sign-off and the 5 day conversation with the child are both done. Precinct Care is in final development and we are taking a small number of pilot homes.
Read more about restraint and incident recording, or book a demonstration.
Sources
- The Children’s Homes (England) Regulations 2015, regulation 35 and regulation 20 (legislation.gov.uk)
- Guide to the Children’s Homes Regulations including the quality standards, paragraphs 9.33 to 9.61 (Department for Education)
- Social care common inspection framework (SCCIF): children’s homes (Ofsted)
This guide covers children’s homes in England. It is not legal advice; follow your own behaviour management policy and training provider’s guidance.
