16.—(1) No measure of control, restraint, seclusion or discipline, which is contrary to paragraph (3), shall be used at any time on children accommodated in a children’s home.
(2) The registered manager shall ensure that within 24 hours of the use of any measure of control, restraint or discipline in a children’s home, a written record is made in a volume kept for the purpose which shall include –
(a)the name of the child concerned;
(b)details of the child’s behaviour leading to the use of the measure;
(c)details of the action taken by staff to prevent the use of the measure;
(d)a description of the measure used;
(e)the date, time and location of, the use of the measure, and in the case of any form of restraint, the duration of the restraint;
(f)the name of the person using the measure, and of any other person present;
(g)the effectiveness and any consequences of the use of the measure, including the outcome of any post-incident monitoring with all involved staff and children; and
(h)the signature of a person authorised by the registered provider to make the record.
(3) Subject to paragraph (4), the following shall not be used as disciplinary measures on children accommodated in a children’s home –
(a)any form of corporal punishment;
(b)any punishment relating to the consumption or deprivation of food or drink;
(c)any restriction, other than one imposed by a court or in accordance with regulation 15, on –
(i)a child’s contact with his parents, relatives or friends;
(ii)visits to him by his parents, relatives or friends;
(iii)a child’s communications with any of the persons listed in regulation 15(2); or
(iv)his access to any telephone helpline providing counselling for children;
(d)any seclusion or separation of the child from the group;
(e)any requirement that a child wear distinctive or inappropriate clothes;
(f)the use or withholding of medication or medical or dental treatment;
(g)the intentional deprivation of sleep;
(h)the imposition of any financial penalty, other than a requirement for the payment of a reasonable sum (which may be by instalments) by way of reparation;
(i)any intimate physical examination of the child;
(j)the withholding of any aids or equipment needed by a disabled child;
(k)any measure which involves –
(i)any child in the imposition of any measure against any other child; or
(ii)the punishment of a group of children for the behaviour of an individual child.
(4) Nothing in this regulation shall prohibit –
(a)the taking of any action by, or in accordance with the instructions of, a medical practitioner or a dental practitioner which is necessary to protect the health of a child;
(b)the taking of any action immediately necessary to prevent injury to any person or serious damage to property; or
(c)the imposition of a requirement that a child wear distinctive clothing for sporting purposes, or for purposes connected with his education or with any organisation whose members customarily wear uniform in connection with its activities.