The Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025
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Change 1
8 Amendment of the Non-Maintained Special Schools (England) Regulations 2015
(1) The Non-Maintained Special Schools (England) Regulations 2015 are amended as follows. (2) In the Schedule, in Part 2 (requirements to be complied with by a school while approved under section 342(1) of the Education Act 1996), after paragraph 27, insert— Reporting and recording of use of force, seclusion and restraint 27A (1) The proprietor must— (a) ensure that a procedure for recording and reporting use of force incidents is in place in accordance with section 93A of the Education and Inspections Act 2006, and (b) ensure that a procedure is in place for— (i) 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 (ii) reporting each seclusion or restraint incident (except those where the pupil is aged 20 or over or provision made under sub-paragraph (4) applies) to each parent of the pupil as soon as practicable after the incident, and (c) take all reasonable steps to ensure that both procedures are complied with. (2) The procedure under sub-paragraph (1)(b) must require that a record of a seclusion or restraint incident 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) The procedure under sub-paragraph (1)(b) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report 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 report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority (within the meaning of the 1989 Act) within whose area the pupil is ordinarily resident. (5) A procedure for recording incidents under sub-paragraph (1)(a) or (b) may provide for incidents to be recorded in the incident book kept under paragraph 27. (6) 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. (7) 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. (8) In this paragraph— “disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006; “parent”, in relation to a pupil, has the meaning given by section 576 of the 1996 Act in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014; “staff” includes supply staff and volunteers. .
8 Amendment of the Non-Maintained Special Schools (England) Regulations 2015
(1) The Non-Maintained Special Schools (England) Regulations 2015 are amended as follows. (2) In the Schedule, in Part 2 (requirements to be complied with by a school while approved under section 342(1) of the Education Act 1996), after paragraph 27, insert— Reporting and recording of use of force, seclusion and restraint 27A (1) The proprietor must— (a) ensure that a procedure for recording and reporting use of force incidents is in place in accordance with section 93A of the Education and Inspections Act 2006, and (b) ensure that a procedure is in place for— (i) 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 (ii) reporting each seclusion or restraint incident (except those where the pupil is aged 20 or over or provision made under sub-paragraph (4) applies) to each parent of the pupil as soon as practicable after the incident, and (c) take all reasonable steps to ensure that both procedures are complied with. (2) The procedure under sub-paragraph (1)(b) must require that a record of a seclusion or restraint incident 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) The procedure under sub-paragraph (1)(b) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report 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 report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority (within the meaning of the 1989 Act) within whose area the pupil is ordinarily resident. (5) A procedure for recording incidents under sub-paragraph (1)(a) or (b) may provide for incidents to be recorded in the incident book kept under paragraph 27. (6) 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. (7) 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. (8) In this paragraph— “disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006; “parent”, in relation to a pupil, has the meaning given by section 576 of the 1996 Act in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014; “staff” includes supply staff and volunteers. .
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