OpenLegislation

Paragraph 16A F1

(1)

The standard in this paragraph is met if the proprietor—

(a)

ensures that a procedure is in place for recording each use of force incident in accordance with section 93A of the Education and Inspections Act 2006;

(b)

ensures that a procedure is in place for recording each incident in which a member of the school staff secludes, restrains or immobilises a pupil for whom education is being provided at the school (a “seclusion or restraint incident”); and

(c)

takes all reasonable steps to ensure that both procedures are complied with.

(2)

The procedure under sub-paragraph (1)(b) must require that the record is made in writing as soon as practicable after the incident.

(3)

The procedure under sub-paragraph (1)(b) need not provide for any action to be taken in relation to a seclusion or restraint incident that also constitutes a use of force incident within the meaning of section 93A of the Education and Inspections Act 2006 and therefore falls to be recorded under the procedure referred to in sub-paragraph (1)(a).

(4)

For the purposes of this paragraph a member or members of school staff seclude a pupil if they detain that one pupil in a place apart from any other person (except the member or members of staff) otherwise than as a disciplinary penalty, including by—

(a)

physically obstructing the pupil’s way of leaving the place;

(b)

securing the place so that the pupil cannot leave it; or

(c)

causing the pupil to believe that they will be punished if they leave the place.

(5)

For the purposes of this paragraph a member of school staff restrains or immobilises a pupil if they restrict the pupil’s movement otherwise than as a disciplinary penalty, including by—

(a)

holding or binding the pupil’s body or part of it;

(b)

securing the pupil to a fixed or heavy object; or

(c)

depriving the pupil of an auxiliary aid that they usually use to help them move.

(6)

In this paragraph—

  • “disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006;

  • “staff” includes supply staff and volunteers.

Annotations

Textual amendments

F1

Sch. para. 16A inserted (1.4.2026) by The Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025 (S.I. 2025/1348), regs. 1(2)(b), 7(2)(a)