The Children’s Homes Regulations 2001

Behaviour management, discipline and restraint

17.—(1) No measure of control, restraint or discipline which is excessive, unreasonable or contrary to paragraph (5) shall be used at any time on children accommodated in a children’s home.

(2) The registered person shall prepare and implement a written policy (in this regulation referred to as “the behaviour management policy”) which sets out—

(a) the measures of control, restraint and discipline which may be used in the children’s home; and

(b) the means whereby appropriate behaviour is to be promoted in the home.

(3) The registered person shall—

(a) keep under review and where appropriate revise the behaviour management policy; and

(b) notify the Commission of any such revision within 28 days.

(4) The registered person 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) a description of the measure used;

(d) 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;

(e) the name of the person using the measure, and of any other person present;

(f) the effectiveness and any consequences of the use of the measure; and

(g) the signature of a person authorised by the registered provider to make the record.

(5) Subject to paragraphs (6) and (7) of this regulation, 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 requirement that a child wear distinctive or inappropriate clothes;

(e) the use or withholding of medication or medical or dental treatment;

(f) the intentional deprivation of sleep;

(g) 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;

(h) any intimate physical examination of the child;

(i) the withholding of any aids or equipment needed by a disabled child;

(j) 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.

(6) Nothing in this regulation shall prohibit—

(a) the taking of any action by, or in accordance with the instructions of, a registered medical practitioner or a registered 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.