Physical intervention in schools: guidance

Post-incident support and learning review

76. Following the use of any type of restraint, including seclusion, post-incident support should be offered immediately to the child or young person, staff members and any others involved. Support should then be followed by a learning review, conducted on another day, but within a prompt timescale. This process, which can also be followed after any instance of distressed behaviour, is outlined below.

Post-incident support

77. This is support that is immediately offered to the child or young person, staff members and any others involved, and forms the beginning of a restorative approach. Its purpose is to provide emotional and physical wellbeing support and to assess and respond appropriately to any injury caused. The immediate reporting steps outlined in the reporting, recording and monitoring section, including reporting to parents and carers, should also be followed.

78. Steps that should be followed after any use of restraint and seclusion are outlined below.

• An immediate health, safety and wellbeing assessment of the child or young person who was restrained or secluded, staff members involved and anyone else who may have been injured should take place. This may be led by any witness monitoring the incident or a member of the school leadership team.
• Where a child or young person, a member of staff or anyone else involved has been physically injured or needs medical assistance, this should be sought immediately from a first-aider or, if appropriate, the NHS.
• Any specific post-restraint support identified in the child or young person’s support plan should be followed as soon as possible after the restraint ends.
• If a child or young person has been physically injured or is considered to have suffered significant harm as a result of any form of restraint or seclusion, child protection procedures should be followed. Employers may put in place measures under local disciplinary procedures while a child protection investigation is ongoing.
• If restraint or seclusion is being used frequently, an urgent assessment of the child or young person’s additional support needs, a review of their support plan and, where appropriate, their placement, should be undertaken. Consultation with Educational Psychology teams and, where appropriate, Health and Social Work teams should be considered. A review of the policies and practices of the education provider and its staff should also take place.

Post-incident learning review

79. This is a factual review, which takes place at a later date (sometimes referred to as a debrief). It is recommended that this takes place as close to the time of the incident as possible, taking full cognisance of the emotional wellbeing of the child or young person and all those involved in the incident. Its purpose is to examine the factors that led to the restraint being used, the decisions taken, establish a timeline and agree actions to support a preventative approach to avoid future incidents of distressed behaviour. It will also examine ways to minimise the impact of the type of restraint used and facilitate less restrictive interventions in future (see Annex E for information that should be captured in the post-incident learning review). The views of the children and young people and staff members involved should be sought, with appropriate participatory support provided. It should be noted, however that this may not be possible or desirable in every instance, for example, where a child or young person’s stage of cognitive development would prevent them participating in a reflective exercise. Any agreed actions from the review or changes in approach should be recorded in the appropriate support plan for the child or young person. If no support plan is in place, consideration should be given to developing one. It is important that children, young people and staff have the time and opportunity to engage in this type of reflective practice.

80. Where distressed behaviour is occurring frequently, staff leading the post-incident learning review may benefit from the input of Educational Psychology teams or other agencies to support a functional behaviour assessment as part of this process. The purpose of a functional behaviour assessment is to gain a broader understanding of why the distressed behaviour is presenting itself. This process is not about apportioning blame or finding fault with practice, but can help identify adaptations to reduce the likelihood of the distressed behaviour recurring. Any functional behaviour assessment by Education Psychologists should take place as part of a broader assessment of wellbeing.

81. Due to the sensitivities involved in conducting post-incident learning reviews with a child or young person following a restraint, it is recommended that they are undertaken by a member of staff trained in this area. Education providers should provide guidance and support in this area, ideally with involvement from Educational Psychology. However, lack of trained staff or available support from specialist staff should not prevent the post-incident learning review from taking place. At all times, consideration should be given to which member of staff is best able to support the child or young person during this review.

82. Parents or carers should be given the opportunity to discuss the incident, the response and future preventative actions and support before the post-incident learning review process is completed. Agreed outcomes from the post-incident learning review should be shared with the child or young person involved, school staff and parents or carers. However, it should be noted that it can be difficult to ascertain the reasons why distressed behaviour is occurring from one review and that recognising patterns over time is more likely to lead to a better understanding and the identification of more effective, less restrictive interventions in future.

83. Every effort should be made to resolve, at as local a level as possible, any disagreements that may arise between children and young people, their parents or carers and the school on the agreed outcomes and support identified in the post-incident learning review. The Enquire service has published advice for parents on working with schools and solving problems. Where concerns around support remain, children (over the age of 12), young people, parents or carers may, where relevant, have access to the dispute resolution mechanisms under the 2004 Act. The My Rights, My Say Service supports children and young people aged 12-15 to access their rights under the 2004 Act. Let’s Talk ASN provides advocacy and legal representation to parents, carers and young people (16+) with a right of reference to the Additional Support Needs Tribunal.

84. Where a parent or carer believes that their child has been mistreated, regardless of whether there has been a post-incident learning review, this should be referred to child protection processes. Concerns regarding the use of restraint and seclusion and the handling of a child protection referral can be raised with the school in the first instance. If parents, carers or children and young people are not satisfied that their concerns have been adequately addressed, they can make a complaint through the education providers’ complaints handling procedure. Education providers should consider whether their complaints handling procedure is child friendly and can consult the Scottish Public Services Ombudsman’s guidance, where applicable. In the case of a complaint against an education authority, parents, carers or children and young people who have gone through the local complaints route and are not satisfied with a response can contact the Scottish Public Services Ombudsman who may be able to look at the matter and investigate further.