The Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025
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Change 1
7 Amendment of the Education (Independent School Standards) Regulations 2014
(1) The Education (Independent School Standards) Regulations 2014 are amended as follows. (2) In the Schedule (independent school standards)— (a) in Part 3 (welfare, health and safety of pupils), after paragraph 16, insert— 16A (1) The standard in this paragraph is met if the proprietor— (a) ensures that a procedure is in place for recording each use of force incident in accordance with section 93A of the Education and Inspections Act 2006; (b) ensures that a procedure is in place for recording each incident in which a member of the school staff secludes, restrains or immobilises a pupil for whom education is being provided at the school (a “seclusion or restraint incident”); and (c) takes all reasonable steps to ensure that both procedures are complied with. (2) The procedure under sub-paragraph (1)(b) must require that the record is made in writing as soon as practicable after the incident. (3) The procedure under sub-paragraph (1)(b) need not provide for any action to be taken in relation to a seclusion or restraint incident that also constitutes a use of force incident within the meaning of section 93A of the Education and Inspections Act 2006 and therefore falls to be recorded under the procedure referred to in sub-paragraph (1)(a). (4) For the purposes of this paragraph a member or members of school staff seclude a pupil if they detain that one pupil in a place apart from any other person (except the member or members of staff) otherwise than as a disciplinary penalty, including by— (a) physically obstructing the pupil’s way of leaving the place; (b) securing the place so that the pupil cannot leave it; or (c) causing the pupil to believe that they will be punished if they leave the place. (5) For the purposes of this paragraph a member of school staff restrains or immobilises a pupil if they restrict the pupil’s movement otherwise than as a disciplinary penalty, including by— (a) holding or binding the pupil’s body or part of it; (b) securing the pupil to a fixed or heavy object; or (c) depriving the pupil of an auxiliary aid that they usually use to help them move. (6) In this paragraph— “disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006; “staff” includes supply staff and volunteers. ; (b) in Part 6 (provision of information)— (i) before paragraph 32 insert— 31A The standards about the provision of information by the school are those contained in this Part. ; (ii) in paragraph 32(1), for “about the provision of information by the school”, substitute “in this paragraph”; (iii) after paragraph 32, insert— 32A (1) The standard in this paragraph is met if the proprietor— (a) ensures that the procedures for recording use of force incidents and seclusion and restraint incidents referred to in paragraph 16A(1)(a) and (b) include procedures for information about each such incident (except where the pupil concerned is aged 20 or over or provision made under sub-paragraph (2) applies) to be provided to each parent of the pupil as soon as practicable after the incident; and (b) takes all reasonable steps to ensure that those procedures are complied with. (2) A procedure under sub-paragraph (1)(a) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to provide a parent with information about an incident must not provide it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and (b) that if it appears to R that there is no parent of the pupil to whom R could provide information about the incident without that being likely to result in significant harm to the pupil, R must provide information about the incident to the local authority (within the meaning of the 1989 Act) within whose area the pupil is ordinarily resident. (3) In this paragraph “parent”, in relation to a pupil, has the meaning given by section 576 of the Education Act 1996 in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the 1989 Act or section 76 of the Social Services and Well-being (Wales) Act 2014. .
7 Amendment of the Education (Independent School Standards) Regulations 2014
(1) The Education (Independent School Standards) Regulations 2014 are amended as follows. (2) In the Schedule (independent school standards)— (a) in Part 3 (welfare, health and safety of pupils), after paragraph 16, insert— 16A (1) The standard in this paragraph is met if the proprietor— (a) ensures that a procedure is in place for recording each use of force incident in accordance with section 93A of the Education and Inspections Act 2006; (b) ensures that a procedure is in place for recording each incident in which a member of the school staff secludes, restrains or immobilises a pupil for whom education is being provided at the school (a “seclusion or restraint incident”); and (c) takes all reasonable steps to ensure that both procedures are complied with. (2) The procedure under sub-paragraph (1)(b) must require that the record is made in writing as soon as practicable after the incident. (3) The procedure under sub-paragraph (1)(b) need not provide for any action to be taken in relation to a seclusion or restraint incident that also constitutes a use of force incident within the meaning of section 93A of the Education and Inspections Act 2006 and therefore falls to be recorded under the procedure referred to in sub-paragraph (1)(a). (4) For the purposes of this paragraph a member or members of school staff seclude a pupil if they detain that one pupil in a place apart from any other person (except the member or members of staff) otherwise than as a disciplinary penalty, including by— (a) physically obstructing the pupil’s way of leaving the place; (b) securing the place so that the pupil cannot leave it; or (c) causing the pupil to believe that they will be punished if they leave the place. (5) For the purposes of this paragraph a member of school staff restrains or immobilises a pupil if they restrict the pupil’s movement otherwise than as a disciplinary penalty, including by— (a) holding or binding the pupil’s body or part of it; (b) securing the pupil to a fixed or heavy object; or (c) depriving the pupil of an auxiliary aid that they usually use to help them move. (6) In this paragraph— “disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006; “staff” includes supply staff and volunteers. ; (b) in Part 6 (provision of information)— (i) before paragraph 32 insert— 31A The standards about the provision of information by the school are those contained in this Part. ; (ii) in paragraph 32(1), for “about the provision of information by the school”, substitute “in this paragraph”; (iii) after paragraph 32, insert— 32A (1) The standard in this paragraph is met if the proprietor— (a) ensures that the procedures for recording use of force incidents and seclusion and restraint incidents referred to in paragraph 16A(1)(a) and (b) include procedures for information about each such incident (except where the pupil concerned is aged 20 or over or provision made under sub-paragraph (2) applies) to be provided to each parent of the pupil as soon as practicable after the incident; and (b) takes all reasonable steps to ensure that those procedures are complied with. (2) A procedure under sub-paragraph (1)(a) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to provide a parent with information about an incident must not provide it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and (b) that if it appears to R that there is no parent of the pupil to whom R could provide information about the incident without that being likely to result in significant harm to the pupil, R must provide information about the incident to the local authority (within the meaning of the 1989 Act) within whose area the pupil is ordinarily resident. (3) In this paragraph “parent”, in relation to a pupil, has the meaning given by section 576 of the Education Act 1996 in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the 1989 Act or section 76 of the Social Services and Well-being (Wales) Act 2014. .
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