Inquiry into schools’ use of restraint on pupils

I’m going to start this piece by saying I disagree with the Care Review and the related article in The National , and the concept of banning restraint, physical intervention, safe holds (insert preferred term here). Why is that? Isn’t finding an alternative to restraining an individual, whether it is a child or adult a much better outcome for all? Well, in an ideal world yes. Never having situations where restraint is the only viable option to keep an individual or other people safe would be fantastic. Service users would benefit as not many people like to be restrained. Staff would benefit as they would no longer have to put themselves in danger of physical injury by restraining a service user. Unfortunately in the real world, this simply isn’t the case, and here is why. Before we go any further, for the purposes of this article and the ease of writing, all physical intervention methods that involve the direct application of force to restrict the movement of an individual will be referred to as ‘restraint’. What about the risk assessment? Firstly, if an organisation, school, care facility has a restraint policy it should be informed by a risk assessment. That assessment will be a measurement of known and likely risks that an individual, or groups of individuals may pose to themselves or others. If that risk is present the organisation must, by law, implement all reasonable actions and measures to eliminate or reduce that risk. If the identified risks include violence, aggression, self-harm or any threat to the physical welfare of a service user or others, then appropriate measures must be put in place to prevent or reduce those risks. Secondly, if a risk assessment has been carried out and the risk of violence, aggression, self-harm etc. has been identified, but the organisation only goes so far in its reduction of risk to the point where those measures are not fit for purpose, the organisation is at risk of breaking the law. Low level strategies will only go so far in the management of aggression, and removing the option of reasonable force will raise the risk of harm to all. You can read more about risk assessments and risks to employees here. Would restraint reduction strategies work better? At COVIC Training Solutions, we are known as a leading training provider for restraint and personal safety training. That is a given. However, the bulk of what we actually teach could be described as ‘restraint reduction’ strategies such as conflict management, positive behaviour support, and effective communication techniques. Why? Because it has been proven time after time that strategies such as these significantly reduce the number of incidents an organisation may experience. Furthermore, the ethos of any given organisation has a huge impact on the mind-set of its staff. Ultimately it is right that we do all in our power to NOT use force . With that said, we must also prepare to have to use force if a particular situation makes it a necessary option. Does the Care Review raise important issues? The report from the Care Review raises some very salient points, particularly around the use of restraint as a form of abuse and/or punishment. I completely and unreservedly agree with the Care Review on this. Restraint should NEVER be used as such, and should only be used in the prevention of harm. The Care Review also highlights a few techniques that potentially increase the risk of harm during an incident. Again, I completely agree with their findings. So should restraint be completely banned? Absolutely not! There are many restraint packages available, and some are better than others, but those that are worth their weight in gold are those that work and are safe. A simple analogy that works for me is ‘cars have killed many people so we should ban all cars’. Is this a reasonable measure? Of course it isn’t. The need for transport is still there. The need for people and businesses to get around the country hasn’t gone away, and the same can most certainly be said about the risks some service users pose. Banning restraint doesn’t reduce the risk. Is the Care Review keeping people safe? In short, if the Care Review can guarantee carers, and anyone working with service users will not be put at risk by aggression and violence from service users, and never have to manage incidents of self-harm, then I will be at the forefront of having restraint banned in all organisations, and will then have to find another job. Until then, I will continue to train staff in safe, appropriate, and effective methods of restraint alongside actively promoting methods of how to minimise the need for it. A final thought… Let’s consider the ramifications on the carer/teacher/someone in charge of a young person. If a service user physically attacks a carer , teacher, member of staff and that staff member fears for their life and uses reasonable physical force to stop the assault from continuing, should that carer be punished? Should they lose their job? I’ll take that thought further. The carer has been told restraint is no longer an option so the carer decides their only option to protect themselves is to strike the service user. Again, should the carer be punished? Should they lose their job? Are the Human Rights of the carer not as important as those of the service user? Should carers just expect that their life is put on the line when giving care?

Violence in schools is on the increase with recent statistics painting a startling picture of the changing education environment. The growing knife culture is bringing a new level of threat to both our children and teachers within schools. So what do you do if you find a knife?

Safeguarding in schools is and will always play a vital role in preventing harm. Reflecting on recent news highlighted the seemingly common occurrence of getting the basics wrong. This blog considers how governmental guidance, adequate risk assessment and policy writing underpins good safeguarding practice.

I recently spoke to a Door Supervisor who operates in a city in the Midlands, exchanging stories of our experiences and working practices. I asked him about the use of handcuffs by Door Supervisors in the city and in particular how Police Officers reacted to Door Supervisors carrying cuffs. He explained that handcuffs are not allowed by private security personnel in the city and Police Officers confiscated cuffs from Door Supervisors. Worryingly, he explained that one Saturday night while on duty a Police Officer confiscated his cuff key, used to lock and unlock the cuffs, leaving him with just the handcuffs. Later that evening a Police Inspector confiscated the handcuffs explaining that only Police Officers were allowed to carry and use handcuffs. Is this the case? Are only Police Officers and those involved in law enforcement allowed to carry and use cuffs? In short, no. Technically you and I as civilians are, by law, allowed to carry and use handcuffs. However, before you rush out and buy a set ‘because Colin from COVIC said so’, there is a mass of information you need to understand first. Ultimately you need to be trained in the reasonable use of handcuffs and they need to be of serviceable and fit for purpose quality. Ideally you would also be trained in restraint as this is good practice and you will understand the concepts of reasonable force. A handcuff training course not only teaches you how to apply cuffs, but also the underpinning legislation in relation to their use, some of which we will look at now.

All too often I have heard various misconceptions about the term ‘self-defence’ and what does and does not constitute a legally accurate and a fit for purpose description of this term. I have heard people at one extreme say “He hit me first so I hit him back; it’s self-defence” through to the other extreme of “You can’t do anything by law if a pupil attacks you or it will be assault against a child”. Both of these extremes are incorrect and incredibly dangerous for varying reasons as you will soon find out. I aim to not only explain what self-defence is but also give you the tools with which to look at other instances of self-defence or use of force so you can judge for yourself if the force was legitimate or assault.

I recently received an amusing email from a friend that spoke about an experiment involving a number of monkeys, a ladder, some bananas and a cold shower. After reading the email and agreeing with its sentiments, I realised that it struck a chord with me and I couldn’t shake off the message it conveyed. I conducted a little research into the alleged experiment to find that it did actually take place back in 1967 as an experiment into ‘mob culture’. The experiment goes along the lines of a group of scientists placed 5 monkeys in a cage. In the middle was a ladder with bananas at the top. Every time a monkey went up the ladder, the scientists showered all of the monkeys with cold water. After a while, every time a monkey went up the ladder the other monkeys beat him up. After some time no monkey dared climb the ladder, regardless of the temptation. The scientists decided to substitute one of the monkeys. The first thing the new monkey did was climb the ladder to get the bananas. Immediately the other monkeys beat him up. After several beatings the new member learned not to climb the ladder, although never knowing why. The second monkey was substituted and the same occurred. The first monkey participated on beating the second monkey. A third monkey was substituted and the same was repeated. The fourth was substituted and the beating was repeated, and finally the fifth monkey was replaced. What was left was a group of 5 monkeys that even though never received a cold shower, continued to beat up any monkey that attempted to climb the ladder. If it were possible to ask the monkeys why they beat up all who attempted to climb the ladder, I bet their answer would be: “I don’t know, that’s how things are done around here”. Now I’m fully aware that we’re discussing monkeys and we’re human beings and as such we’re obviously far more evolved, developed and intellectually advanced than our genetic cousins… but just how much more advanced are we in our rationale and thought processes? In 2004, Edgar Schein discusses “unconscious, taken-for-granted beliefs, perceptions, thoughts and feelings. The ultimate source of values and action” (Schein, 2004). This is the element you see or experience but it is difficult to understand ‘the why’. Often these assumptions conflict with the ‘values’ promoted on posters and intranets or discussed in inductions. For instance, a healthcare organisation is extremely proud of their strong culture and ethos of caring for patients. From their new employee induction and orientation program to their performance management program, everything focussed on caring, quality and more importantly for this example, speaking up when they saw something wrong. Several years ago, a new nurse just out of induction publicly corrected a physician and was openly “flogged” in front of colleagues, patients and superiors. That nurse later became a mentor to several other nurses, and quickly explained that what they learned in orientation about speaking up was a bad idea, and they would actually be subject to disciplinary action if they challenged a physician or a more senior nurse. Year after year, the unspoken rule is handed down and the energy and excitement of hearing the values at induction gives way to cynicism and silence. The same occurs within the realm of understanding reasonable force and its application. All too often I have heard staff within care homes, schools and hospitals tell me that it is illegal to use physical force to prevent someone harming themselves or another. It is assault to use physical force to use force to protect oneself from attack, particularly if the assailant hasn’t actually struck first. However, when I have asked the usual question “Who told you that?” the response is usually a manager, a supervisor or another colleague. Quite often they cannot remember who told them; however, they perpetuate the myth based on misinformed assumption through ‘the ranks’. The result? Reduced morale, staff feeling unsupported and more importantly, staff feeling unsafe and even scared. Don’t be the monkey! Get informed, do your own research and ask questions. Information is readily available from a wide variety of sources including the internet, the Government legislation website, and industry specialists like the team at COVIC Training Solutions.

The Metropolitan Police Service has launched new policy stating that it will no longer respond to calls from psychiatric units where staff require help restraining patients, unless there is significant threat to life or limb. This is in effort to reduce the workload on Met Police, allowing them to tackle crime more efficiently. NHS senior managers and staff are greatly concerned of the increased risk to staff and patients without the presence of Police Officers during restraint incidents. Why? Yes, that’s correct; I’d like to know why? Before I justify the question, let me ask a couple of my own…

Dudley hospitals deny 'unlawful restraint' of patients Staff at an NHS Trust in the Midlands have been accused of unlawfully restraining patients , including a 14 year old child. The allegations are thought to have been made by the Trust’s former head of security, but the claims are denied by Trust Chief Executive Paula Clark.

If so then you owe a duty of care to employees, service users, and visits as enshrined in UK law, and this is inescapable.