The Children’s Homes (Amendment) Regulations 2011

Replacement of regulation 17

9.  For regulation 17 (behaviour management, discipline and restraint) substitute—

“Behaviour management and discipline

17.— (1) No measure of control or discipline which is excessive, unreasonable or contrary to paragraph (2) shall be used at any time on children accommodated in a children’s home.

(2) Subject to paragraph (3), 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 involving the consumption or deprivation of food or drink;

(c) any restriction, other than one imposed by the court or in accordance with regulation 15, on—

(i) a child’s contact with parents, relatives or friends;

(ii) visits to the child by the child’s parents, relatives or friends;

(iii) a child’s communications with any of the persons listed in regulation 15(2); or

(iv) a child’s 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.

(3) 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 the 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 the child’s education or with any organisation whose members customarily wear uniform in connection with its activities.

17A    Restraint

(1) Subject to paragraph (2), a measure of restraint may only be used on a child accommodated in a children’s home for the purpose of—

(a) preventing injury to any person (including the child who is being restrained);

(b) preventing serious damage to the property of any person (including the child who is being restrained); and

(c) in the case of a child accommodated in a secure children’s home, preventing the child from absconding from the home,

and then only where no alternative method of preventing the event specified in sub-paragraphs (a) to (c) is available.

(2) Where a measure of restraint is used on a child accommodated in a children’s home—

(a) the measure of restraint must be proportionate, and

(b) no more force than is necessary should be used.

17B    Policies and records

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

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

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

(2) The registered person must—

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

(b) notify HMCI of any revision within 28 days.

(3) The registered person must ensure that within 24 hours of the use of any measure of control, discipline or restraint in a children’s home, a written record is made in a volume kept for the purpose which must 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;

(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;

(g) a description of any injury to the child concerned or any other person and any medical treatment administered;

(h) confirmation that the person authorised by the registered provider to make the record has spoken to the child concerned and the person using the measure about the use of the measure; and

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

(4) Where a measure of restraint is used on a child the record under paragraph (3) must include—

(a) the duration of the measure of restraint; and

(b) details of any methods used to avoid the need to use that measure.”.