# The Education (Independent School Standards) Regulations 2014, Paragraph 16A


(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.

---
Source: https://www.legislation.gov.uk/uksi/2014/3283/schedule/paragraph/16A (the official version)
Page: https://openlegislation.uk/education-independent-school-standards-regulations-2014/schedule/paragraph-16A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.