Behaviour is always a form of communication. Understanding that children are communicating through their behaviour gives adults the opportunity to respond differently. Some students who have more complex learning needs are unable to use their verbal reasoning skills at times of increased anxiety. At these times if their behaviour becomes unsafe for themselves or for others, and may need to intervene to keep everyone safe. It would not be appropriate to sanction a child who has more complex learning needs for being unable to regulate their emotions. We should look to support the students at Co-op Academy Delius to develop more socially valid ways of expressing their emotions, and this forms part of our curriculum aims. The adults will need to work closely with the students to help them regulate their emotions and to ensure that they are responding appropriately to any communication which may be being expressed behaviourally.

At Co-op Academy Delius we are committed to a positive behaviour and handling policy, along with our DAP wide Care and Control Policy which supports our children to make positive behaviour choices.

Our policy for physical intervention is based upon the following principles:

Physical intervention should be used only as a last resort when other appropriate strategies have failed; and only where it would be lawful to do so (Ref DAP Care & Control Policy)
Any physical contact should be only the minimum required;
Physical intervention must be used in ways that maintain the safety and dignity of all concerned;
Incidents must be recorded and reported on CPOMS and requisite online behaviour systems.
Parents/Carers will be informed on the day of the incident.

The purpose of this document

The Co-op Academy Delius believes everyone has a right to:

Recognition of their unique identity;
Be treated with respect and dignity;
Learn and work in a safe environment;
Be protected from harm, violence, assault and acts of verbal abuse. We recognise that when working in a special school there are times when students are unable to regulate their emotions and due to increased anxiety may express their needs behaviourally. At Co-op Delius we will ensure that we implement plans to minimise these incidents as far as we reasonably can.

Pupils and their parents attending Co-op Academy Delius have a right to:

Individual consideration of pupil needs for their care and protection;
Expect staff to undertake their duties and responsibilities in accordance with the school's policies;
Be informed about school rules, relevant policies and the expected conduct of all pupils and staff working in school.
Adhere to and follow Co-op Academy Delius’ Home School Agreement
Be informed about the school’s complaints procedure

The school will ensure that pupils are supported to help manage their anxiety driven behaviours and staff will benefit from Team Teach training which helps them to develop enhanced skills for de-escalating situations.

Managing behaviours that challenge.

Co-op Academy Delius also recognises that there is a need, reflected in common law, to physically intervene when there is an obvious risk to the safety of children, staff and property. This applies both on and off setting sites. If used at all, the use of force to control or restrain pupils will be used in the context of a respectful, supportive relationship with the child in order to ensure minimal risk of injury to children and staff Physical intervention should be used as a last resort but we recognise that for the purposes of safety this may sometimes be necessary. We will also ensure that all staff are trained within Team Teach to ensure both the safety of pupils and staff.

The Legal Framework

Section 93 of the Education & Inspections Act 2006 allows ‘teachers and other persons who are authorised by the Head Teacher who have control or charge of pupils to use such force as is reasonable in all the circumstances to prevent a pupil from doing, or continuing to do, any of the following:

Causing injury to his/herself or others;
Committing an offence;
Damaging property;
Prejudicing the maintenance of good order & discipline.

NB. In context the actions within Section 93 in relation to Staff at Co-op Academy Delius means they are able to intervene outside school where a pupil is placing themselves in significant danger, whether Team Teach trained or not. Ideally all groups on school trips/outings will have sufficiently trained Team Teach staff.

Our approach

At Co-op Academy Delius we aim to avoid the need for physical intervention and regard this as a last resort in managing situations. Our personalised approach to support all of our students who have an EHCP allows us to recognise the low level behaviours (antecedents) to students dysregulation and allows us to intervene at an earlier stage to prevent crisis behaviour from developing.

It is not possible to define every circumstance in which physical intervention would be necessary or appropriate and staff will have to exercise their own judgement in situations which arise within the above categories, however the formulation and use a personalised ‘Positive Behaviour Plans’ will allow for us to identify interventions which (if required) will support pupil behaviour. Staff should always act within the Academy policy

Staff should be aware that when they are in charge of children during the school day, or during other supervised activities, they are acting in loco parentis and have a ‘Duty of Care’ to all children in their care they are in Charge of. They must, therefore, take reasonable action to ensure all pupils’ safety and wellbeing and have a lawful justification for taking reasonable physical steps to prevent injury to any person, or damage to property. Taking no action which results in a person being injured, could leave a member of staff open to an allegation that they were in neglect of their Duty of care.

Staff will always follow the principle enshrined in The Children's Act whereby the safety and wellbeing of the children is paramount. Staff will act in accordance with the ‘best interests principle’, acting honestly and in good faith to protect what they perceive to be in the best interest of the child/children.

If a child reaches crisis point and is behaving in a way that is unsafe either to themselves or to others then every non-physical strategy will be used to manage the behaviour positively to prevent a deterioration of the situation. Staff should view physical intervention with a child as a ‘last resort’ and for the purposes of maintaining a safe environment.

Examples of situations where positive handling may be appropriate include:

When a child may be at risk of harming themselves
When a child may be at risk of harming others
When a child may be in danger of committing an offence
When a child may be damaging property
When a pupil is at risk of absconding from school or when out of school and is placing themselves at significant risk.

Refusal of a pupil to remain in a particular place is not enough on its own to justify force. It would be justifiable where allowing a pupil to leave would:

entail serious risks to the pupil’s safety (taking into account age and understanding), to the safety of other pupils or staff, or of damage to property

Use of physical restraint

Physical intervention should be used as an act of care and support ,using therapeutic language until the child is able to reach a point of emotional regulation. It should never take a form which could be seen as punishment. Staff response to an incident should seek to employ a gradually increasing or decreasing level of force in response to a pupil’s behaviour as set out in the child’s Positive Behaviour Plan (PBP).

Staff are only authorised to use reasonable force when physically supporting students and they must use their professional judgement for determining what this is in the given situation. Teachers should use the principles of the training that they receive to de-escalate where possible then use the appropriate holds as practised in the training. In order to ensure that our practices are open and transparent, staff must ensure that they document the hold which will also include reasons and justifications for the decision to physically intervene. These are detailed on the pupils individual Positive Behaviour Plan. Only those holds for which staff have been trained may be used.

During any incident when physical support becomes necessary:

Do

Use the least restrictive hold, for the minimum amount of time and use therapeutic language
Staff are expected to continue to use all available verbal and non-verbal support and de-escalation strategies to diffuse difficult situations;
Use simple and clear language;
Remind the student that you are holding them to keep them safe
Protect the child’s dignity
Do ensure that it is reasonable, necessary and proportionate

Don’t

Act in temper (involve another staff member if you fear loss of control);
Involve yourself in a prolonged verbal exchange with the pupil;
Involve other pupils in the restraint;
Use any holds that you have not been taught to use or are that are not authorised by Team Teach
Use physical restraint or intervention as a punishment or to gain compliance

Responsibility of staff

The Education and Inspections Act authorises all staff at the school to use reasonable force to support students who are unsafe. At Co-op Academy Delius we will always ensure that staff who are required to use physical support will have received appropriate training via Team Teach trainers.

When there are students for whom physical support is a likely intervention then a Positive Behaviour Plan (PBS) should be produced; this should then be shared with all the relevant people who work to support the child. These plans are Safe Systems of Work under Health and Safety Regulation and should therefore be treated with high importance.

Under the Health and Safety at Work Act 1974, employees have a responsibility to report any circumstances which give rise to an increased risk to their health and safety. Staff who have, or acquire, permanently or temporarily, any medical condition that may impact on their ability to carry out pupils PBPs have a duty to report these to the Head Teacher immediately, as there may be an impact on their own safety and that of colleagues and/or pupils.

Definitions of Positive Behaviour Support

Positive behaviour support describes a broad spectrum of risk reduction strategies, it is holistic and includes the management of the environment, and deployment of staff. It also involves personal behaviour, diversion, diffusion and de-escalation. Positive Behaviour Plans are a plan for the positive management of pupils who may express their needs behaviourally as a result of the SEND and as such need additional support.

A planned intervention is one that is described/outlined in the pupils PBP. This should cover most interventions, as possible scenarios will be identified and planned for when the PBP is drawn up. These interventions may include the use of Team Teach physical intervention techniques.

An emergency physical intervention may be necessary if a situation arises that was not foreseen or is uncharacteristic of the pupil. Members of staff retain their Duty of Care to pupils and any response, even in an emergency, must be proportionate to the circumstances

Positive Behaviour Plans (PBP)

Where behaviour records and/or risk assessment identifies a need for a planned approach, PBPs are written for individual children and where possible, these will be designed through multi agency collaboration in conjunction with the pupil, where possible and their parent/carer.

The purpose of the PBSP is to provide all staff with the necessary information to support the students

Personal Safety

There may be times when a member of staff may need to defend themselves from a physical assault or ‘break away’ from a child who has taken hold of them. It is acknowledged that with some disengagement techniques pupils may encounter some minimal discomfort when appropriate release techniques are used. However, this is very brief, transient and poses less of a risk than the behaviour they are employed in response to, e.g. biting. At Co-op Delius staff will receive appropriate Team Teach training to support their use of authorised techniques.

Seclusion, time out and withdrawal (see DAP Care & Control Policy appendix 1) https://docs.google.com/document/d/16M8LAvep7v8femOt5S6kKlpyNnb4f6be/edit

At Coop Delius we do not support the use of seclusion.

Restrictive Physical Interventions and Risk Assessment

Both challenging behaviour and RPI will involve a risk to both staff and pupils. A risk assessment aims to balance these risks. The aim of the individual pupils PBP and of this policy is to reduce the risks associated with pupils challenging behaviour as far as it is reasonably practicable - the risks associated with the behaviour itself and the risk of managing that behaviour. The risks of employing an intervention should be lower than the risk of not doing so.

Pupils whose challenging behaviour may pose a risk to staff or pupils will be subject to an Individual Pupil Risk Assessment IPRA and will have a PBP drawn up as a result of this. These will be shared with all staff and stored in the staffroom.

Training

Staff at Co-op Delius will receive 12 hour Team-Teach training by our in-house tutors in the use of de escalation techniques. 95% of these strategies will be non physical interventions and we will support our staff to understand the nature of complex behaviours and how to support the students. The Headteacher will ensure that this training is kept up to date. No member of staff will be expected to physically intervene with appropriate training. Arrangements for training will be made clear as part of the induction of staff and training will be provided as part of on-going staff development.

Actions and support after an incident

Incidents outlined in this policy often occur in response to highly charged emotional situations and there is a clear need for debriefing after the incident, both for the staff involved and the pupil. The Head teacher should be notified of any incident immediately and will take responsibility for making arrangements for debriefing once the situation has stabilised. An appropriate member of staff should always be involved in debriefing the pupil involved and anyone injured as a result of the incident should be offered support. The parents/carers will be informed at the earliest possible opportunity.

All incidents of physical intervention should be recorded as soon as possible in the school’s system for reporting. All sections of this report should be completed so that any patterns of behaviour can be identified and addressed. In the event of any future complaint or allegation this record will provide essential and accurate information.

Any incidents reported are logged on the pupils CPOMS record.’ The original will be stored in a secure file with the Headteacher/DSL and may be used in order to inform individual and school risk assessments. Any record of serious incidents are logged on the school Serious Incident log and recorded in the bound book.

The Head Teacher will ensure that each incident is reviewed and investigated further as required. If further action is required in relation to a member of staff or a pupil, this will be pursued through the appropriate procedure:

Review of the Positive Behaviour Support Plan
Child Protection Procedure (this may involve the police and/or Social Care)
Staff or Pupil Disciplinary Procedures
School Behaviour Policy
Exclusions Procedure in the case of violence or assault against a member of staff

The member of staff will be kept informed of any action taken.

In the case of any action concerning a member of staff, she/he will be advised to seek advice from her/his professional association/union.

A member of the leadership team will contact parents as soon as possible after an incident, and usually (unless exceptional circumstances prevent this) on the same day, to inform them of the actions that were taken and why, and to provide them with an opportunity to discuss it.

Debriefing arrangements

The child/young person and the member of staff will be checked for any sign of injury after an incident. First aid will be administered to anyone who requires it, or medical treatment obtained.

We will ensure that plans are put in place (or reviewed if a PBP already exists) to help us deal with any future incidents
We will consider the emotional well being of the person and how best to re-engage them back to their normal working environment
We will continue to support the child and look to see how post incident learning can be used where appropriate

All members of staff involved should be allowed a period of debrief and recovery from the incident. A senior member of staff (or their nominee) will be available to provide support to the member(s) of staff involved.

The Head teacher (or their nominee) will initiate the recording process if not already under way and review each incident to ensure that any necessary lessons are learned.

Arrangements for informing parents

All parents/carers will be informed immediately after an incident where Restrictive Physical Intervention has been necessary. Parents/carers will need to be notified sensitively and to be made aware of the full circumstances.

Recording an incident

All incidents of behaviour either minor or more serious are recorded within the school recording systems.

Frequent minor incidents recorded throughout the day (upload on database at end of the week for analysis)
Serious incidents are recorded on to school online databases and recorded by SLT behaviour leads into the bound book.
Where a deviation from the use of physical restraint on the PBS is used, we record on a Use of Reasonable Force (URF) and in accordance with policy update the PBS with staff and family.
All incidents of behaviour are recorded on CPOMS

Monitoring incidents

Whenever a member of staff has occasion to use reasonable force, this will always be recorded and documented following agreed procedures. Monitoring of incidents helps us to analyse students behaviour over time so that we can see patterns and antecedents which can help us to better support the student.

Monitoring of incidents will take place on a regular basis and the results used to inform planning to meet individual pupil and school needs.

Complaints and Allegations

A clear policy which helps others to understand the purpose of physical intervention, that is adhered to by all staff and shared with parents, should help to avoid complaints from parents. It is unlikely to prevent all complaints, however, and a dispute about the use of force by a member of staff might lead to an investigation, either under the complaints disciplinary or allegation management procedures. It is our intention to inform all staff, pupils, parents and governors about these procedures and the context in which they apply.

In the event of a complaint or allegation that a member of staff has used unreasonable force or where a child has been injured during a physical intervention, the Head teacher/Principal should in all circumstances undertake a consultation with the Local Authority Designated Officer (LADO) in line with the schools safeguarding and Child Protection procedures and the Trust Managing Allegations procedures.

For other types of complaints relating to an incident, the normal procedures of the school will be used and these will be made clear to all parents/carers

Whistleblowing

Whilst the training in Team Teach provided to staff encourages the use of help protocols and reflective practice, it is acknowledged that under some circumstances, physical intervention can be misapplied. Staff are reminded that part of their Duty of Care to pupils includes the requirement to report any such matters which cause them concern in relation to pupil management and welfare. Any such concerns should be raised with the Head teacher/Principal or other Senior Manager or the Chief Education Officer to allow concerns to be addressed and practice improve.

Searching pupils - Power to search pupils without consent

In addition to the general power to use reasonable force described above, Headteachers and authorised staff can use such force as is reasonable given the circumstances to conduct a search for the following “prohibited items”:

knives and weapons
alcohol
illegal drugs
stolen items
tobacco and cigarette papers
fireworks
pornographic images
any article that has been or is likely to be used to commit an offence, cause personal injury or damage to property.

Force cannot be used to search for items banned under the school rules. Under these circumstances, the Education Act 2011 extends the power of staff to search students without their consent. Students will be offered the opportunity to have their parents/carers present.

For further information the DfE have provided guidance on Searching, Screening and Confiscation. A member of the leadership team will contact parents as soon as possible after an incident, normally on the same day, to inform them of the actions that were taken and why, and to provide them with an opportunity to discuss it.

Key Legal References

This Positive Handling guidance is written with reference to the following key legal concepts and documents:

DfE Use of Reasonable Force Guidance;
Offences Against the Persons Act 1861 (concepts of Assault, and Assault and Battery);
Common Law concepts of false imprisonment and common law defence;
Duty of Care;
DfE Circular 10/98;
The Children Act 1989;
DoH/DfES Joint Guidance on Physical Interventions 2002;
The Education Act 1996;
Education and Inspection Act 2006;
Screening, searching and confiscation – advice for Headteachers, staff and governing bodies.
Human Rights Act 1998;
Disability Discrimination Act 1995;
Health and Safety at Work Act 1974.

Forms in use at Co-op Academy Delius

Co-op Academy Delius

CARE AND CONTROL OF PUPILS

POSITIVE SUPPORT PLAN/RISK ASSESSMENT

(including Positive Handling Plan)

NAME:

YEAR:

CLASS:

STATEMENT OF SEN /EHCP

DATE OF PLAN:

REVIEW DATE

WRITTEN BY:

ADDITIONAL INFORMATION:

TRIGGERS : Situations/behaviours which are known to have led to positive Handling being required:

DESCRIPTION OF CURRENT BEHAVIOURS

PREFERRED SUPPORTIVE STRATEGIES: strategies which, when and where possible, should be attempted before positive handling techniques are used:

DESCRIBED THE PREFERRED STAFF RESPONSES/HOLDS

Having tried all previous methods of distraction the following approved Team Teach holds will be used as a last resort by trained staff:

REPAIR AND REBUILD PROCESSES FOLLOWING THE INCIDENT:

RECORDING AND NOTIFICATION REQUIRED

Please follow school procedure for recording incidents and accidents

Parents will be informed by: Phone call or if not accessible by Home school Diary or Class Dojo

EVALUATION (This section is to be completed during the review)

Print Name and Sign

Headteacher/deputy head teacher /senior leader

Print name Signature Date

Parent / Carer

Print name Signature Date

Class teacher/leader

Print name Signature Date

Frequent Minor Incident Record.

Minor Incidents are logged on Arbor

Incident Reporting

https://docs.google.com/forms/d/e/1FAIpQLSfS_5jwxJEEFWk6OUO668pVfg1wA8k47CAMZUWajAOvQovuPw/viewform?usp=sf_link

Positive Handling Policy Sept 2023