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Use of reasonable force in schools

Whilst no school staff member would want to use restrictive interventions towards a pupil, in some circumstances, this will be necessary to keep individuals and the wider school safe.

The Department for Education (“DfE”) has recently published new guidance in relation to restrictive interventions, including use of reasonable force in schools. This follows last year’s DfE consultation and will be coming into force from 1 April 2026, replacing their old guidance published in 2013. The main aim is to minimise the need to use restrictive interventions but, when necessary, help schools feel more confident in knowing how to use these interventions safely, appropriately and lawfully.

In what circumstances can school staff use force?

The new DfE guidance focuses on three main restrictive interventions:

  1. The use of reasonable force: school staff have a legal power to use reasonable force in certain circumstances such as to prevent or stop a pupil from causing injury to themselves or others, committing a criminal offence, damaging property and/or causing disorder among pupils at the school, whether during a teaching session or otherwise.
  2. Searching a pupil and/or their possessions: school staff have a statutory power to search a pupil or their possessions where they have reasonable grounds to suspect that the pupil may have a prohibited item. Force may be used as is reasonable to search for legally prohibited items, but not to search for items banned under the school rules only.
  3. Seclusion of a pupil: school staff may seclude a pupil by confining them away from others and preventing them from leaving, provided this is supervised, safe, and non‑threatening. Seclusion should only be used as a safety measure where a pupil shows high emotional or behavioural dysregulation and poses a risk to others. All incidents must be recorded, and seclusion must not be used as a threat or punishment.

The three-stage test

The new guidance sets out a three-stage test for school staff to determine whether the use of restrictive interventions is appropriate. This is not an exhaustive list of factors and staff should also consider other relevant considerations.

  1. Is it necessary?

Staff should consider whether there are more effective, less restrictive ways to manage the situation, as well as assessing whether a restrictive intervention is likely to successfully reduce the relevant risks or escalate the situation further or cause more harm than the behaviour itself. Where possible, staff should communicate with other staff members to understand any broader risks in the environment.

  1. Is it proportionate?

Staff should use the least amount of force or least restrictive intervention necessary for the least amount of time required to reduce the relevant risks. If the intervention itself is escalating the situation, staff should reconsider their approach and attempt an alternative strategy. Staff should also consider the personal circumstances of the pupil such as medical conditions, SEND or other vulnerabilities, their characteristics such as age and size, and relevant equality implications under the Equality Act 2010.

  1. Have you considered the pupil’s welfare?

Staff should carefully balance the pupil’s welfare with the potential impact of any actions. This is particularly important when a pupil has experienced an adverse life event, diagnosed or undiagnosed medical conditions, sensory impairments, past trauma or neglect and communication difficulties etc. For pupils with difficulties with communication or where English is not their first language, strategies should be used to ensure the pupil understands what is happening and has adequate time to process information.

Staff should always seek to maintain respect for the pupil’s dignity, for example, considering the location and environment where intervention is used. Staff should clearly and calmly communicate to the pupil what is happening, why, and explain what the pupil needs to do.

Consideration for pupils with special educational needs and/or disabilities (SEND)

The DfE guidance specifically considers how the guidance may affect pupils with SEND. This may include displaying behaviours which may harm themselves and others, experiencing sensory overload, anxiety, discomfort and confusion. Schools should seek to understand underlying triggers to provide proactive support and create an inclusive environment.

One way to do so would be to utilise the staff who know this pupil well to manage trigger points. Schools should also work with the pupil, parents and other professionals to develop de-escalation strategies such as removing stimuli, changing body language and supporting the pupil to express their emotions before getting overwhelmed etc.

Behaviour support plans may also assist schools to manage behaviour. These plans should outline any adjustments the pupil requires, circumstances where it may be appropriate for staff to have increased physical contact with a pupil and where applicable any risk assessments for necessary restrictive intervention.

Physical contact that does not give rise to the use of restrictive interventions

There are circumstances when it is appropriate for staff to have physical contact with pupils which does not give rise to any question over the use of restrictive interventions such as:

  • To give first aid.
  • To guide or escort pupils, such as holding the hand of a pupil at the front/back of the line when going to assembly, when walking together around the school or on a school trip, or when helping a pupil to a space they have chosen to access to self-regulate.
  • To comfort a distressed pupil.
  • To congratulate or praise a pupil, for example a pat on the back or a handshake.
  • To demonstrate how to use a musical instrument.
  • To demonstrate exercises or techniques during PE lessons or sports coaching.

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Recording and Reporting Duty

The staff member involved in a significant incident involving the use of force on a pupil has a duty to record in writing as soon as practicable after the event (no later than the same day) under section 93A of the Education and Inspections Act 2006. Schools should record the following details 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.
  • Any post-incident support, such as details of any medical treatment for injuries or other adverse impacts.
  • Any additional details to support their evaluation. For example, the pupil’s and/or witnesses’ accounts of what happened, when and how parents were notified, and what follow-up has taken place.

The school’s governing body must ensure that a procedure is in place for reporting each significant use of force to the pupil’s parents in writing as soon as practicable after the incident (no later than the same day). Exceptions to this rule include if the pupil is aged 20 or over or if it appears to the staff member that doing so would be likely to result in serious harm to the pupil. Best practice would include inviting parents to have a follow-up discussion about the incident where appropriate.

The incident report made to parents should include the following details 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.
  • Details of any physical injuries sustained, if applicable.

What are school staff not allowed to do?

It is illegal to use force on a pupil for the purpose of punishment. Pupils should not be restrained in a way that affects their airway, breathing or circulation. If a pupil is unintentionally held on the ground, staff should release or re-position as quickly as possible. Where appropriate, the pupil should receive a medical assessment and treatment for any injuries as soon as possible.

Schools should not have a ‘no contact’ policy nor should schools grant parent or school staff requests not to use restrictive interventions. If approved, this can leave school staff unable to intervene where reasonable in the circumstances to fully protect those around.

What are the key takeaways for schools?

School leaders should develop and implement sensible policies which allow and support their staff to make appropriate use of restrictive interventions. A standalone restrictive intervention policy is not required but may be helpful. To do so, schools should have regard to the following:

  • Clearly set out the circumstances in which staff may use restrictive interventions and the procedures for recording and reporting such incidents.
  • Emphasise the importance of minimising the need to use restrictive interventions, such as through prevention and de-escalation.
  • Set out the specific whole-school measures the school will employ, as well as tailored approaches for individual pupils.
  • Communicate the restrictive intervention policy to all members of the community such as staff, pupils and parents, to build and maintain the school’s culture and ensure expectations are transparent to all.
  • Ensure that policy documents are reviewed and updated accordingly to reflect these changes.

Schools should evaluate all incidents of restrictive intervention as soon as practicable after the event to understand why it was used, the impact on pupils and staff, any patterns and trends, and how the use of restrictive interventions might be avoided in future.

Schools should additionally ensure staff members receive sufficient training on the use of restrictive interventions to equip staff to judge when it is appropriate to use restrictive interventions, including in situations where quick decisions are needed. It should also assist staff understand how to assess whether their response is reasonable under pressure.

How can Ward Hadaway help?

Our team of expert education lawyers span various legal disciplines and have the specialist knowledge to assist schools’ clients with any legal issues relating to the use of restrictive interventions (and more). In particular:

  • We provide training for Headteachers, governors, trustees, SENCOs, governance professionals and senior leaders regarding the use of restrictive interventions.
  • We can prepare a bespoke exclusions pack for academy trusts, including template letters, draft reports and guidance documents to assist governors.
  • We have a team of specialist lawyers who provide a legally qualified clerking service for hearings (including independent review panels and panel complaints hearings), for both local authorities and academy trusts.
  • We have expertise in defending harassment and disability discrimination claims in the SEND Tribunal.

Please get in touch if you would like to discuss how we can help your organisation regarding exclusions or any other education law matters.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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