RRN Calls for Urgent Revisions to DfE’s Draft Guidance on Restrictive Practices

The Restraint Reduction Network (RRN) is alarmed that the Department for Education’s draft guidance on the use of reasonable force and other restrictive interventions in schools still fails to address the urgent concerns of parents and families whose children have suffered physical and psychological harm due to restraint. Despite repeated calls for a rights-based approach, the draft guidance focuses on justification of restraint rather than prevention.

The proposed guidance, now under consultation, falls far short of the necessary changes parents and carers requested two years ago. It fails to address key measures to prevent harm caused by restrictive practices.

In March 2023, RRN convened a meeting with the DfE’s Behaviour Unit, where families courageously shared their children’s experiences of physical and psychological harm from restrictive practices. They outlined eight essential measures for protecting vulnerable children:

1. Mandatory recording, reporting and publishing of data.
2. Retracting ‘maintenance of good order’ as an acceptable reason for restraint.
3. Recognising all types of restrictive practice, including mechanical and environmental restraint, and that enforced isolation is a restrictive practice that must be recorded and reported if used.
4. Clear requirements for quality assurance of staff training.
5. Focus on preventing restraint, not justifying its use.
6. Recognise that distress arises from unmet needs, and restraint results from this failure. Incident are learning opportunities and routine restraint must never occur.
7. Recognise trauma inflicted by and human rights abuses associated with restrictive practices.
8. Guidance should be statutory and enforced by Ofsted.

Unfortunately, the DfE’s draft guidance fails to adequately address these critical points.

In 2021, the Equality and Human Rights Commission (EHRC) concluded their inquiry into the use of restraint in English and Welsh schools. The inquiry was prompted by significant concerns over children’s human rights; specifically, in respect of Article 3 (the right to freedom from torture and inhuman and degrading treatment or punishment) and Article 8 (the right to physical and mental integrity) of the Human Rights Act.  Despite the DfE’s subsequent pledge to create new guidance, the draft guidance with its outdated focus on justifying rather than preventing restraint still fails to address these concerns or provide meaningful protections.  The guidance further neglects the need for reasonable adjustments for children with disabilities or autism.

Viv Williams, a parent who attended the DfE meeting in 2023 said:

“It has long been accepted that children with SEN/disabilities are disproportionately affected by the use of restraint and seclusion. Proposed amendments to this guidance give absolutely zero protection to our children. Children will continue to be physically harmed and experience lifelong trauma.  The mention of ‘equipment’ and ‘medication’ in the guidance, leaves me terrified for the future.”

Sarah Morgan, Headteacher at Acorn Wood School, agrees:

“We must rewire our perception of discipline to prioritise children’s right to a safe, psychologically and physically safe learning environment.

Traditional discipline assumes unwanted behaviours are ‘choices.’ In contrast, neuroscience shows most disruptive behaviours stem from stress responses, not voluntary actions. Most emotionally charged situations in schools can be prevented by building strong relationships, addressing children’s basic neurobiological needs, and ensuring teachers are emotionally attuned, attachment-aware, and skilled at managing students’ needs.”

Scotland’s updated guidance, published in 2024, prioritises children’s human rights, focusing on prevention, post-incident debriefing, and clear reporting protocols. Though non statutory and lacking key data publishing requirements, it is a significant step forward.

Similarly, Wales’ 2022 Reducing Restrictive Practices Framework emphasises a human rights-based approach, setting a standard the UK government’s guidance fails to meet.

The English draft guidance remains a legacy of the previous Conservative government’s punitive education policies under Nick Gibb. It is disappointing that Labour Minister Stephen Morgan has not used this opportunity to address the failings of his predecessor and push for a rights-based system.

The draft guidance fails to comply with the UK’s international obligations under the European Convention on Human Rights, fails to act on the UN Convention on the Rights of the Child 2023 recommendations following their visit to the UK, and fails to meet the UN Convention on the Rights of Persons with Disabilities.

The guidance is vague in critical areas, such as the recording of “significant incidents,” without defining the qualification for “significant”. Such ambiguity undermines standardised data collection and monitoring, setting the system up to fail from the outset. While seclusion is acknowledged as a restrictive practice, guidance fails to specify the requirements for recording this. Furthermore, the lack of a clear requirement for quality-assured training leaves schools to navigate an unregulated field, exposing both teachers and children to further risk.

Elly Chapple, parent and RRN Trustee, said:

“It’s no longer appropriate or acceptable that the Government persist in this discriminatory non-rights based approach towards our children. It’s as if our children are considered dispensable. My daughter lost her sight twelve years ago in a school, because this wasn’t addressed then. Staff, children and young people are all put at significant risk by continuing to focus on restrictive practice. As research and lived experience have shown, this contributes to harm and a multitude of additional issues for the children and their families. It is clear that no one benefits from restrictive practice and yet everyone stands to benefit from an updated system that actually acknowledges our diverse population and makes room for our children, rather than just a focus on ‘managing’ them.”

The UK government has demonstrated its ability to enact effective legislation to reduce restrictive practices, such as the Mental Health Units (Use of Force) Act 2018, yet no equivalent protections exist for children in schools.

Ben Higgins, RRN CEO said:

“The lack of progress in the Department for Education’s new guidance is disheartening and out of touch with human rights legislation. Despite input from families harmed by restraint and the Equality and Human Rights Commission, the guidance falls far short of what is required. This is a missed opportunity for meaningful reform and if not urgently revised, risks perpetuating a system that fails both children and educators.

The Restraint Reduction Network is ready to work with the Department to strengthen this guidance and ensure better protection for children and support for teachers.”

The RRN will hold a free webinar on 10 April at 12.30pm to explore the urgent need for revisions to the Department for Education draft guidance. Register to join here.