Restraint Policy

(Last reviewed 24/12/2024)

Purpose of the Policy

This policy sets out the agency’s approach to the use of restraint in accordance with legislation and statutory guidance.
It aims to safeguard children while supporting foster carers to respond to challenging behaviour in safe, respectful ways.
Specifically, Regulation 13 of the Fostering Services (England) Regulations 2011 requires the agency to prepare and put in place a written policy on acceptable measures of control, restraint and discipline for children living with foster carers.

Legislative Framework

This policy is informed by the following legislation and guidance:

1. Regulation 13 of The Fostering Services (England) Regulations 2011 – requires fostering agencies to make sure foster carers use only reasonable and appropriate measures of control, restraint or discipline, and to have clear policies on these matters.
2. Children Act 1989 and 2004 – emphasises safeguarding and promoting each child’s welfare, with restraint used only to prevent harm or serious damage to property.
3. National Minimum Standards for Fostering Services (2011) Standard 3.8 – states that restraint must be used only to stop likely injury or serious damage and must always keep the child’s welfare first.
4. Human Rights Act 1998 – protects every child’s right to dignity and freedom from degrading treatment.
5. Equality Act 2010 – ensures restraint practices are free from discrimination.
6. Children and Families Act 2014 – stresses reasonable adjustments for children with disabilities or additional needs.

This policy should be read with the agency’s Behaviour Management Policy and the Safeguarding of Children – behaviour management guidance, which explain acceptable use of controls and sanctions in foster homes and highlight foster carers’ skills in building positive relationships, responding constructively to individual behaviour and calming difficult situations before they escalate.

Definition

The Mental Capacity Act 2005 says someone is using restraint if they:

1. Use force, or threaten to use force, to make a person do something they are resisting, or
2. Restrict a person’s freedom of movement, whether or not that person is resisting.

Principles Governing the Use of Restraint

1. Compliance with Regulation 13: Foster carers must use restraint only when it is reasonable, proportionate and necessary.
2. Last Resort: Restraint is used only after other calming strategies have been tried and a safety plan is in place with the local authority.
3. Proportionality: The level of restraint must match the risk presented.
4. Child-Centred: The child’s welfare, dignity and rights are always protected.
5. Trauma-Informed Practice: Foster carers consider each child’s history of trauma or abuse when supporting behaviour.

In this policy “physical restraint” refers to times when an adult decides it is necessary to hold or hold down a child or young person by using physical power over them.

Physical restraint does not include:

1. Using non-contact techniques to guide behaviour, such as clear verbal directions or standing in a doorway to block an unsafe exit.
2. Touching or guiding a child or young person to encourage cooperation, for example placing a hand on a shoulder to gain attention or gently taking an arm to lead the child away. The aim here is persuasion, not enforcement.

Physical restraint does include any action intended to restrict a child or young person’s movement beyond normal care. For example:
1a. Putting a child in a car seat during a car journey is normal care, but securing a child in a car seat at home during a tantrum is inappropriate restraint.
1b. Seating a child in a high chair for a meal is normal care; keeping a child in a high chair for a long period to limit movement is inappropriate restraint.
1c. Telling a child whose behaviour is challenging to leave the room is normal discipline; locking a child in a bedroom is inappropriate restraint.
1d. Locking outer doors for normal household security is acceptable; locking a child outside as punishment—especially after dark, in bad weather or without suitable clothing—is inappropriate restraint.

The agency believes physical restraint should not be promoted as a routine way to manage behaviour. Foster carers should rarely need to use restraint. Restraint may only be used to stop injury to the child or others, or serious damage to property.

Children whose behaviour can be managed only by physical restraint will not be placed with foster carers who have not been trained in safe restraint techniques. This is considered during matching. The Safer Caring and Risk Assessment completed at matching must show if restraint may be needed and outline strategies to reduce that need.

No child may be subject to corporal punishment or unreasonable control, restraint or discipline. Foster carers should prioritise de-escalation to manage behaviour.

Avoiding the Need for Restraint

Although restraint can sometimes be unavoidable, high-quality care uses many techniques to predict and prevent conflict. The agency expects foster carers to reduce the chance that restraint will be needed by:

1. Keeping a calm, non-confrontational atmosphere.
2. Listening to children and taking their concerns seriously.
3. Communicating clearly, especially when delivering unwelcome messages.
4. Offering rewards for positive behaviour, along with negotiation and compromise.

When the Need for Restraint Cannot Be Avoided

Restraint itself poses risks to the child, the adult and others present. It is justified only when those risks are outweighed by a greater risk if the foster carer does not act.

Circumstances that may justify restraint include when a young person:

1. Engages in serious self-injury.
2. Shows behaviour that could seriously harm others.
3. Has already caused significant property damage and appears out of control or intent on further serious damage.
4. Puts themselves or others at immediate risk of significant harm, including while under the influence of alcohol or drugs.

When restraint is necessary, the foster carer will:

1. Use the minimum force needed to prevent injury or serious property damage, and
2. Use that force only for as long as is necessary to regain safety.

Restraint must never be used to cause pain or humiliate the child or young person.

If restraint may become necessary during a placement, permission must be agreed with the local authority, and a written safety plan put in place describing how reasonable restraint may be used. The foster carer must first complete approved restraint training.

A child must never be pinned to the floor or held other than around the torso. Any other action must be limited to clear self-defence or protection of another vulnerable person. Usually it is safer to move others away and seek professional help, as improper restraint could lead to criminal charges even if no one is hurt.

Repeated incidents of restraint must be reviewed by the supervising social worker, the foster carer, the child where appropriate and the child’s social worker, to find better ways forward—for example, using the ABC (Antecedent, Behaviour, Consequence) method to identify triggers and solutions.

Foster carers must never lock a child in a room simply to restrict liberty. They may hold a door shut briefly where there is reasonable cause to prevent immediate injury or to gain time to call for help.

All restraint is monitored by the Registered Manager under Schedule 6 of the Fostering Services Regulations 2011 and must be reported to the Registered Manager within 24 hours. The Registered Manager also checks patterns of restraint to ensure use remains exceptional and necessary.

After an Incident of Restraint

As soon as it is safe, the child or young person must be released in a calm, planned way. The foster carer checks for injuries and gives or seeks first aid. Any injuries to carers must also be treated, and all necessary forms completed.

Everyone involved must receive appropriate support and reassurance. The foster carer or supervising social worker talks with the child or young person about what happened and why, at a level they can understand. Other children or young people who witnessed the incident are also reassured.

The foster carer must write a full report of every restraint before the end of that day and inform their supervising social worker or manager as soon as possible.

The supervising social worker visits the foster carer the same or next day. The child or young person’s social worker must speak with both the foster carer and the child or young person as soon as possible after the event. This debrief reviews whether anything could have been handled differently and whether policy or practice needs to change.

All safeguarding reports are logged on the agency system. The supervising social worker or line manager ensures all restraint incidents are recorded as Schedule 6 events and monitored by senior management.

Recording and Reporting of Restraint

Under Regulation 13 the agency must:

1. Keep a written record of every restraint, including:
   1a. The circumstances that led to restraint.
   1b. The type and length of restraint.
   1c. The outcome, including any injuries or emotional impact on the child or carer.
   1d. A Schedule 6 notification (Fostering Regulations 2011).
2. Notify:
   2a. The child’s placing authority.
   2b. The Team Manager and the Registered Manager.
   2c. Ofsted, where required, especially after a serious incident.

Following any restraint:

1. Record immediately the circumstances and reasons for using physical restraint.
2. The foster carer must contact their supervising social worker or line manager as soon as possible.
3. The child must be counselled on why restraint was necessary and given space to share their view.
4. Within 24 hours, the supervising social worker or the child’s social worker discusses the incident with the young person.
5. A full written report must be completed within 24 hours and sent to the supervising social worker.
6. Senior managers review every incident, investigate any pattern and act where necessary—including examining homes with frequent restraint.
7. Senior managers make sure children who run away are interviewed about reasons and circumstances.
8. Where a foster carer needs further advice, support or training, the line manager or supervising social worker arranges this promptly.
9. Staff meetings or foster-carer supervision provide opportunities to reflect on incidents, preventing a culture where physical responses become routine.

The Children Act 1989 Guidance Volume 4 states:
The fostering service must have a policy for when a child goes missing or leaves a foster home without permission (Regulation 13 and Standard 5). Foster carers should try to persuade a child not to leave by talking, but should not restrain them unless necessary to prevent injury or serious property damage. No restraint may be excessive or unreasonable (Regulation 13(2)).

Behaviour Management, Discipline, Control and Restraint

Promoting positive behaviour and managing behaviour well are central to good care. Most negative behaviour is addressed through positive relationships. Foster carers respond to each child’s individual needs, de-escalate conflict and avoid escalation. The child’s placement plan must list any specific behavioural issues and agreed approaches.

Counselling can be arranged for foster carers after serious incidents if needed; carers should speak to their supervising social worker if they would find this helpful.

The agency ensures foster carers receive training on managing difficult behaviour, de-escalation and approved safe restraint methods for children and teenagers. Deciding to use restraint, and choosing the right level, require skill and judgement. Only carers trained in preventing and managing violence may use physical restraint, and only when agreed with the child’s social worker and written into the child’s care plan.

Some carers may face legal action from parents or young people who feel harmed by their actions. The agency provides insurance cover for such situations.

Training for Foster Carers

To meet Regulation 13, foster carers looking after children with challenging behaviour must receive training in:

1. Behaviour-management strategies, including de-escalation.
2. Safe and lawful use of restraint.
3. Trauma-informed care and positive parenting.

Children With Disabilities

Some children with disabilities may show severe challenging behaviour that puts their safety or others’ safety at risk. Any proposed interventions that might appear unusual to the average parent but are thought essential for safety must be discussed fully and confirmed in writing with the child’s social worker and, where possible, the parents. Specialist advice on behaviour management must be sought from disability or mental-health services. Carers need day-to-day strategies that make sense for them and the child.

Related Documents

• Behaviour Management Policy
• Safeguarding of Children – behaviour management guidance
• Child Protection Policy and Procedures
• Policy and Procedures for when Children go Missing or are Absent without Authorisation
• Comments, Compliments and Complaints Policy and Procedure