Government consultation on the use of reasonable force and other restrictive interventions guidance

On 4 February 2025 the Department for Education (“the Department”) opened a consultation to consider proposed changes to the use of reasonable force and other restrictive interventions guidance for England. The consultation is open to anyone working in education to provide their views on the Department’s proposals to revise the use of reasonable force guidance.

The aim of the draft revised guidance

The Department acknowledges that, in some circumstances, the use of reasonable force is necessary in a school. However, there is also concern that the use of reasonable force risks a significant and long-lasting impact on the pupil involved, as well as on staff members, parents, and other pupils.

Given that this impact on the wider classroom has the possibility of hindering the creation of a calm, safe and supportive school environment, the Department proposes to update the existing use of reasonable force guidance to achieve a number of aims and has published its draft revised use of reasonable force guidance (“draft revised guidance”).

Whilst the draft revised guidance is not currently in force and is subject to the outcome of the consultation, it sets out the aims which the Department is seeking to achieve. These include helping staff to consider when the use of force is reasonable and the circumstances in which reasonable force can be used, and to feel more confident in using reasonable force safely and appropriately.

Whilst specific aspects of the draft revised guidance relating to recording and reporting the use of force stem from the Education and Inspections Act 2006 and are therefore statutory, the rest of the draft revised guidance is non-statutory.

Key changes to the use of reasonable force guidance

Although the draft revised guidance remains subject to the outcome of the consultation, schools should ensure that they become familiar with the draft revised guidance in its entirety. The key changes which the Department proposes to introduce via the draft revised guidance are:

• Statutory guidance in respect of recording and reporting the use of force, which it is proposed will be effective from September 2025
• Non-statutory guidance about the use, recording and reporting of other restrictive interventions
• Clarification on the use of reasonable force to ensure safe and appropriate use
• Guidance to support pupils with special educational needs and disabilities (“SEND”)
• Clarified responsibilities of school staff, governing bodies and proprietors.

The draft revised guidance also sets out a non-exhaustive list of factors for school staff to consider before using reasonable force. These factors are: is reasonable force necessary or are there other ways to manage the situation? Is it proportionate, meaning that the least amount of force or intervention is used in the context of the individual pupil, taking into account considerations such as SEND, and the pupil’s age and size?

Consideration should also be given to the impact on the pupil’s welfare particularly as pupils who have, for example, a history of trauma or neglect, or who have communication difficulties, may find the use of reasonable force particularly distressing.

The draft revised guidance also includes updated definitions of reasonable force, restrictive interventions, and restraint.

Use of reasonable force and SEND

As stated above, the draft revised guidance provides support for staff in using reasonable force where a pupil has SEND. When confronted with a distressing or unusual situation, some pupils with SEND may display behaviours which put themselves or others at risk of harm.

This risks a disproportionate use of reasonable force against pupils with SEND. Pursuant to the draft revised guidance, it is therefore important that schools seek to understand the underlying triggers of challenging behaviour to enable them to provide proactive support and create an inclusive environment.

Often, a particular member of staff will know a pupil with SEND well. These members of staff should be used to help to identify and manage trigger points and develop proactive strategies for the pupil. This should be in conjunction with working with the pupil, their parents and other professionals to develop prevention and de-escalation strategies.

After the use of reasonable force

As well as providing guidance for schools in respect of the use of reasonable force, the draft revised guidance sets out steps for schools to take following the use of reasonable force.

Where necessary, and as soon as possible, the pupil and staff member involved should receive a medical assessment and treatment for any injuries.

In addition, any use of reasonable force on a pupil must be recorded, including any injuries, which should also be reported to the Health and Safety Executive as appropriate. Schools should also ensure that follow-up conversations are held to enable reflection and learning and to support pupil and staff wellbeing. It may be necessary to hold follow up conversations or provide counselling or other resources in some circumstances. Schools should also be conscious that it may be necessary to support witnesses to incidents where reasonable force has been used.

Reasonable use of force policy

All schools should have in place a use of reasonable force policy. The Department’s draft revised guidance, although currently subject to the outcome of the consultation, can be a helpful trigger for schools to review their existing policies and ensure that they are appropriate, and that staff understand how the policy should be implemented ‘on the ground’. The policy should be supplemented with training to support staff to understand how to use reasonable force safely and appropriately.

The draft revised guidance offers support for schools in preparing their policy on the use of reasonable force and other restrictive interventions. Whilst the policy can either be separate, or form part of the school’s behaviour policy, in accordance with the draft revised guidance it must be aligned with the school’s legal duties to record and report significant incidents, the Human Rights Act 1998, and the Equality Act 2010.

It should also emphasise the importance of prevention and de-escalation, as well as whole school measures to minimise the need to use reasonable force and other restrictive interventions.

In some circumstances schools may be asked, for example by parents, not to use reasonable force or other restrictive interventions. The draft revised guidance makes it clear that schools should not comply with such requests, as doing so risks leaving staff unable to intervene where reasonable to protect pupils. Instead, school policies should allow and support their staff to make appropriate physical contact.

Responses to the consultation

The Department wants to ensure views are considered in respect of the draft revised guidance. Responses to the consultation can be provided until 11:59pm on 29 April 2025, at which point the consultation will close. The consultation can be accessed here.