# The Children’s Homes Regulations (Northern Ireland) 2005, Regulation 16: Behaviour management, discipline and restraint

Extent: N.I.

(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.

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Source: https://www.legislation.gov.uk/nisr/2005/176/regulation/16 (the official version)
Page: https://openlegislation.uk/childrens-homes-regulations-northern-ireland-2005/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.