Physical Contact and Use of Reasonable Force Policy
| Version: 2.0 | Issue Date: July 25 |
| Location | Appogee HR; Policies Hub; NMT Website | ||
| Policy Number | 09 | Version | 2.0 |
| First Implemented | Apr-15 | Last Issued | Jul-25 |
| Last Reviewed | Sep-23 | Review Cycle | Annual |
| Owner | Safeguarding Manager | ||
| Approver(s) | · Senior Safeguarding Team
· Senior Leadership Team · Board |
||
| Distribution | Internal and External | ||
| Version | Approved | Section | Change Summary |
| 2.0 | July 25 | All | · Combined the Control and Restraint Policy with the Use of Reasonable Force Policy and renamed as Physical Contact and Use of Reasonable Force Policy.
· Updated format. · Removed any process and procedure from the policy (separate process guide created). · Revision of Section 2, specifically supportive and developmental physical contact. · Appendix A added. |
1.1 Purpose
1.1.1 New Meaning Training (NMT) are committed to fostering a safe, supportive, and respectful learning environment for all learners and employees. Physical contact, when used appropriately, can play a crucial role in education, skill development, emotional support, and safeguarding. However, it is essential that all physical interactions adhere to clear professional boundaries, ensuring that they are appropriate, necessary, and respectful of individual needs and preferences.
1.1.2 This policy outlines the circumstances under which physical contact may occur, the importance of maintaining a safe and open environment, and the principles guiding supportive and developmental touch. It also sets out strict guidelines regarding control, restraint, and the use of reasonable force, ensuring that any physical intervention is carried out only when absolutely necessary, in line with legal requirements and best practices.
1.1.3 By implementing this policy, NMT aims to ensure that all learners feel safe, valued, and respected, while employees are equipped with the knowledge and training to interact with learners in a professional and appropriate manner.
1.2 Scope
1.2.1 This policy applies to the following key groups:
- All Learners enrolled in NMT programs are covered under safeguarding policies, with specific considerations for those with Special Educational Needs and Disabilities (SEND).
- All Employeesat NMT including full-time, part-time, temporary employees, volunteers and contractors, must comply with safeguarding responsibilities, training, and reporting requirements.
- The Senior Safeguarding Team, comprising: the Designated Safeguarding Lead (DSL) and Additional Designated Safeguarding Leads (ADSLs), who hold responsibilities for implementing and maintaining the safeguarding.
2.0 Physical Contact
2.1 Education and Skill Based Physical Contact
2.1.1 There are many occasions when NMT Employees have cause for physical contact with learners, for a variety of reasons. For example:
- for health and safety reasons (e.g. to administer first aid)
- to comfort a learner in distress
- to direct a learner (hand on shoulder)
- for life skills (using cutlery etc)
- in an emergency to increase safety to the learner and employee.
- For educational skills – certain aspects of education may necessitate physical contact as an integral part of learning, training, and teaching. This is particularly relevant in practical sessions where hands-on techniques and collaborative activities are essential for mastering specific skills. For example, to:
- demonstrate technique in the use of a particular piece of equipment
- adjust posture
- support a Learner to perform an activity safely / prevent injury.
- Physical contact must only take place in a safe and open environment. i.e. one easily observed by others.
- All interactions will be conducted in a respectful and professional manner between employees and Learners.
- It is crucial that in all circumstances, employees only touch Learners in ways which are appropriate to their professional or agreed role and responsibilities. When physical contact is made with a Learner this should be in response to their needs at the time, of limited duration and appropriate to their age, stage of development, gender, ethnicity, and background.
- Physical contact is never made as a punishment, or to inflict pain. All forms of corporal punishment are prohibited. It will not become a habit between an employee and a particular learner.
- If an employee believes their actions could be misinterpreted, or if any incidents of physical contact cause concern, the incident and its circumstances must be reported via CPOMS on the same day.
2.2 Supportive and Developmental Physical Contact
2.2.1 Extensive neurobiological research and studies relating to attachment theory and development, identify touch as a positive contribution to brain development, mental health and the development of social skills. For links and references to research articles, please see Appendix A.
2.2.3 The brain does not develop self-soothing neuronal pathways unless safe emotional regulation has been experienced and the physical containment of a dysregulated young person can, on occasions, be the only way to provide the reassurance necessary to restore calm.
2.2.4 NMT has adopted an informed approach that allows safe touch as a developmentally appropriate intervention to support healthy growth and learning. Our stance on physical contact, when used appropriately within safe and trusting relationships, is grounded in research and evidence. To ensure consistency and understanding across the organisation, all employees will receive organisation-wide training on Trauma-Informed Practice and Attachment Theory.
2.2.5 NMT aims to help learners feel accepted and valued in our centres. We also believe that every employee needs to know the difference between appropriate and inappropriate touch. Hence, employees need to demonstrate a clear understanding of the difference.
2.2.6 If a learner requires regular physical support, a Safe Touch Plan will be agreed upon and put in place beforehand. This information may also be referenced in the learner’s EHCP; if it is not already included, NMT will recommend adding it at the learner’s EHCP Annual Review.
2.2.7 Employees use touch with learners as part of a normal relationship, for example, when comforting a learner, giving reassurance or congratulating them for their work, efforts or behaviour. This might include patting them on the back, placing a hand on their shoulder, fist bumping, or putting an arm around their shoulders. The benefit of this action is often proactive and can prevent a situation from escalating.
2.2.8 Employees are not expected to provide supportive or developmental physical touch to learners if they are uncomfortable doing so.
2.3 Learner’s Response to Touch
2.3.1 Employees must always be aware that all learners interpret and react to touch in different ways.
2.3.2 Some learners are over-demonstrative and try to demand a great deal of affection and physical contact, whilst others shy away from or have a dislike of physical contact. We must never assume that a learner will accept a touch that is meant as a friendly gesture.
2.3.3 There may be learners who have backgrounds where there has been inappropriate physical contact, or even emotional, physical or sexual abuse. These learners will be confused about adult-learner contact and will need very sensitive support.
2.3.4 Touch is an important aspect of communication and plays a significant role in establishing good connection with learners at early communication levels. Where a learner displays difficulty in focusing on the human voice, touch may be necessary to gain attention or reinforce other communication (e.g. hand on shoulder when speaking) or to function as the main form of communication. Touch enables employees and learners to respond non-verbally or to respond to another person’s own use of physical contact for communication and to make social connections.
2.3.5 Support in the form of physical touch should only be undertaken by employees with the strongest relationship with the learners and should be underpinned by the principles of compassion, dignity and kindness. Where it is not possible due to training or medical issues, these adults should be clearly visible to the Learner.
2.3.6 In all situations where physical contact between employees and learners takes place, employees must consider the following:
- the learner consents to physical contact.
- the learner’s level of understanding.
- cultural and gender differences
- the learner’s individual characteristics and history.
- there are other adults present.
- contact is not within an enclosed, private or hidden location.
- favour is never shown to individual learners.
- physical contact is not made with the learner’s neck (other than for education purposes e.g. demonstrating techniques in a Beauty Programme), breasts/chest, abdomen, genital area, buttocks, other body parts specified as sensitive by the learner, or to put pressure on joints (other than to administer First Aid).
- it is not appropriate to kiss a Learner.
- hugs must only be given by placing an arm around a learner’s shoulder, from the side.
- a learner is never touched in a way that could be misinterpreted as being anything other than friendly or comforting appropriate adult-learner support.
- where a learner tries to get closer than is felt appropriate, an explanation regarding suitable use of personal space should be given and the learner should be encouraged to adopt a different physical stance.
- some very active learners sometimes calm down and focus on learning when having a gentle contingent touch e.g. on the top of their arm, back or shoulder. In this case, a Safe Touch Plan will be agreed upon and put in place beforehand.
- touch that is instigated to meet a need in the adult is not deemed appropriate or safe e.g. to reassure the adult or make the adult feel better.
3.0 Control and Restraint / Use of Reasonable force
3.0.1 Although this concept may not align with many of NMT’s values, in situations where physical intervention becomes necessary, it is essential that it is carried out safely, professionally, and in accordance with established guidelines.
3.1 What is meant by control?
3.1.1 Control means either passive physical contact (such as standing between Learners, or blocking a Learner’s path), or active physical contact (such as leading a Learner by the arm out of a classroom).
3.2 What Is Meant by Restraint?
3.2.1 This means to hold back physically or to bring a Learner under control in more extreme circumstances, for example when two Learners are fighting and refuse to separate without physical intervention.
3.3 Use of Reasonable Force
- Under section 93 of the Education and Inspections Act 2006, reasonable force may be used in education settings:
“Under section 93 of the Education and Inspections Act 2006, all members of school staff have a legal power to use reasonable force on and off school premises where the member of staff has lawful control, or is in charge, of the Learner concerned. The decision on whether or not to physically intervene is down to the professional judgement of the member of staff concerned and has to be judged on a case-by-case basis. Every school should set out, in its Behaviour Policy, the circumstances in which force can be used; staff should also receive training.”
- Department of Education guidance on Use of Reasonable Force can be found in the document Use of reasonable force Advice for headteachers, staff and governing bodies | July 2013.
- Restraint should always be a last resort. Where possible, a calm warning should be given and every effort to achieve a satisfactory outcome without physical intervention should be taken.
- Any force used must be reasonable and proportionate to the circumstances and justifiable to prevent harm, protect property, or maintain order. It must always be the minimum necessary to achieve the intended outcome.
- A learner must be released from physical restraint as soon as it is safe to do so, that is, when the immediate risk of harm has passed or the situation has de-escalated sufficiently to allow for a safe release. Employees must continually assess the situation and ensure the duration of any physical intervention is as brief as possible.
- NMT employees should strive to avoid any actions that could potentially cause injury. However, it is acknowledged that in rare and extreme situations, it may not always be possible to completely prevent harm to the Learner.
- NMT accepts and understands that, in accordance with the law, corporal punishment is forbidden.
3.4 When can Control/Restraint/Reasonable Use of Force be used?
3.4.1 Examples of situations in which control, restraint or reasonable force may be used, include, but are not limited to preventing a Learner from:
- attacking an employee or another Learner.
- committing a criminal offence.
- behaving in a way that disrupts a centre event, trip or visit.
- leaving the classroom to keep them safe.
- injuring themselves or others.
- causing damage to property, including their own.
- any behaviour prejudicial to maintaining good order and discipline among any of its Learners, in the classroom during a teaching session or elsewhere.
As well as:
- preventing Learners from fighting.
- removing disruptive Learners from the classroom where they have refused to follow an instruction to leave.
- restraining a Learner at risk of harming themselves through physical outbursts, rough play or misuse of dangerous materials or objects.
- Such intervention would only occur if normal positive behaviour management had not worked.
3.5 Training
3.5.1 As part of the onboarding process, all employees at NMT receive training outlining what is meant by control, restraint, and reasonable force. This training covers NMT’s approach to managing challenging situations and identifies the types of restraint techniques that are acceptable and those that are strictly prohibited. Employees are also trained on the protocols following any use of physical intervention, including documentation, reporting, and ensuring the welfare of all parties involved. This training ensures compliance with relevant laws and ethical standards while prioritising safety and dignity.
3.6 Reporting
3.6.1 All incidents where physical intervention is used, must be reported to the senior safeguarding team and recorded on CPOMS on the same day.
3.6.2 Any injuries resulting from an incident, must also be recorded in the accident logbook.
3.6.3 Parents/Carers must be informed in the event an incident requiring physical intervention to be used.
Implementation and Communication
- NMT will make this policy available to all via:
- Appogee HR
- POLICIES HUB SharePoint
- NMT Website
- NMT will notify all Employees of changes to this policy via:
- All Employee email.
- Appogee HR communication.
- Weekly all Employee update communication.
- Training on this policy will be provided at:
- All Employee training days.
- Further small group and/or individualised training as required.
Appendix A – Articles
| 1 | Love-based Practice in Education |
| 2 | Lena Carter – What has Love to do with Education |
| 3 | Compassionate Leadership for School Belonging |
| 4 | Love matters – Embracing Love as the Heart of Higher Education |
Appendix B – Versioning
- Major Versions (1.0, 2.0, 3.0 etc.) represent change(s) requiring formal release, e.g., Employee:
- Training / Education
- Email Communication
- In-Person Briefing
- Acknowledgement via Cintra People (formerly Appoggee)
- Minor Versions (1.1, 1.2, 1.3 etc.) represent changes not requiring formal release, e.g.:
- Spelling or grammatical change
- Formatting change
- Update of contact information