BILD makes concerns clear to Minister on 'use of force' guidance for teachers

The British Institute of Learning Disabilities welcomes the announcement that there will be a review of guidance that covers measures to tackle behaviour and discipline in schools, including the Use of Force. Considerable confusion exists for teachers and others working within schools with regard to matters related to discipline, their powers to search pupils and the Use of Force. We also acknowledge that professionals who work within educational settings often work with a number of pupils who have behaviours which can be challenging to deal with or present a risk to themselves or others.

However, it is our strong belief that any review of guidance must take account of the needs of children and young people, recognising that those who exhibit behaviours that are challenging may also be very vulnerable themselves. They may have additional needs that contribute to the behaviours they display within a school environment, including children with communication difficulties, specific learning difficulties or autism. 

In his announcement to the Houses of Parliament on 7 July, Mr Nick Gibb MP, stated: “In the next Education Bill, we intend to give teachers a more general search power covering any item which may cause disorder or pose a threat to safety.”

Whilst accepting that children are now more likely to bring inappropriate items into school, BILD believes that the Minister should give further consideration to how such powers will be interpreted and used. In reality, such powers may not be welcomed by most teachers. Currently, we believe that insufficient consideration has been given to the practical implications of extending the power of teachers to search pupils. We believe that such an extension would increase the risks to teachers and pupils and be open to challenge under Human Rights legislation.
We are further concerned that an apparent ‘strengthening’ of guidance may give teachers, and others working in schools an impression that they can use force regardless of the specific circumstances. This will potentially increase the risk to them of allegations and prosecution.

Sharon Paley, BILD’s Development Manager for Positive behaviour Support, stated: “Any ‘right’ to search’ or ‘remove’ a pupil must be balanced by legal requirements and any individual would still have to ensure their actions were lawful. There is a real danger that if any further guidance is not absolutely clear in stating the legal position for a teacher, then this will actually lead to more teachers being accused of assault. I speak from first hand experience of supporting friends and colleagues in stating that this is not acceptable. In the most part, teachers are honest, decent people undertaking a very difficult task. It is my understanding, as an expert witness, that statutory legislation will not excuse unlawful behaviour.”

In his statement, Mr Nick Gibb MP, also said: “We will issue much shorter and clearer guidance which explicitly states that teachers can physically remove disruptive children from class and prevent them from leaving a room in situations where this is necessary to maintain order.”

If new guidance is to be helpful it should more clearly define terms like ‘disruptive children’ and clarify what is meant by such terms as ‘maintain order’. It would also be helpful if any further guidance on the use of force could be more succinct whilst clarifying terminology to make it much easier for professionals working in schools to interpret.

“In the past, phrases such as ‘significant disruption’ have been used in guidance to discuss when it may be appropriate to use physical force. This is unhelpful because it requires a degree of subjective assessment based on individual experience to assess what constitutes ‘significant disruption,” said Sharon Paley, “the Minister states that the revised guidance will be shorter and clearer. I suggest that the guidance will need a great deal of consideration if it is to be helpful in preventing yet more teachers being falsely accused of assault or worse by pupils.

BILD believes that if all children are to ‘achieve to the best of their ability’ it is also important to create an environment in which all children feel safe and valued for their contribution. Maintaining a safe and caring environment is an important aspect of school life, and any review of the guidance must positively contribute to such a culture and ethos.”

BILD has written to the Minister asking for clarification on the specific concerns it has raised, and for such clarification to be made absolutely clear in the guidance resulting from the Education Bill. 
 

Australian parliament debates the use of chemical and other restraints

Bill Shorten (Maribyrnong, Australian Labor Party, Parliamentary Secretary for Disabilities and Children's Services)

"I want to draw the attention of the House to the use of chemical and other restraints on people with an intellectual disability. The number of young people with an intellectual disability, particularly autism, being subjected to physical or chemical constraint is far too high in Australia today. A very useful report by the Victorian Senior Practitioner, Jeffrey Chan, on behalf of the Victorian government has highlighted this problem. He reports that in Victoria there are approximately 2,000 people in care facilities being restrained on an almost permanent basis. I should put this in the context that the use of restraint and seclusion is not peculiar to Victoria; it occurs in all Australian jurisdictions and in international jurisdictions. Indeed, I would submit that Victoria is leading the way in monitoring and ensuring that standards are followed and complied with, particularly within a human rights framework. Nevertheless, it is true that belts, body suits, solitary confinement and medication are being used to control behaviour in Australian facilities.
 
Dr Chan has urged a rethink about the treatment of 827 very vulnerable people he found to be living almost permanently under a heavy dose of drugs and other restraints. Most of these 827 had multiple disabilities, 35 per cent had autism and most were men aged between 15 and 44. Whilst restraint might be the right thing to do from a medical point of view and in some cases a health and safety point of view, there is no doubt in my mind that it is happening too often. It is a big thing to physically shackle a person, remove their independence and personality through medication or put them into solitary confinement. It should only ever be considered as a last resort. It should not be a substitute for proper care and treatment. It should not be a solution which removes the need to address the causes of a patient’s difficult behaviour. It should only be done to prevent self-harm or harm to others.

I do not wish to single out Victoria because I believe they are doing more to monitor this than any other jurisdiction in Australia. I believe it is a cultural problem which exists across all our jurisdictions and elsewhere it just has not been reported on with the thoroughness and openness that has happened in Victoria. I do know that both New South Wales and Queensland are working on positive behavioural intervention teams. Kevin Stoner, from the Victorian Advocacy League for Individuals with Disability, has said that the level of chemical restraint in Victoria is something about which we should hang our heads in shame. The issue, I am pleased to say, has been made a priority by the national government. With 2,000 people being restrained in Victoria alone, it is likely that there are upwards of 8,000 people being restrained as I speak. We are working with the states and territories on a national mental health seclusion and restraint project. We want to establish national standards and find out the extent of this practice across jurisdictions. We need national collection of data and national standardised definitions to inform policy and practice."

Dr Jeffrey Chan was a keynote speaker at BILD's recent International Conference for Research and practice in positive behaviour support held in Dublin in May.

Report of the First International Conference for Research and practice in Positive Behaviour Support, convened by BILD

The first International Research and Practice Conference held in Malahide, Dublin on 6th and 7th May 2010 marked the 10th annual behaviour support event hosted by the British Institute of Learning Disability (BILD). These conferences have in the past focused on best practice in the use of physical interventions and the drive to create and further raise standards in training and practice.

This conference offered delegates the opportunity to hear a number of key speakers, including Gary La'Vigna from Los Angeles (pictured above) and attend practice based workshops. Delivered over two days following an established and successful format, it proved to be a very popular event and  great opportunity to hear from acknowledged experts in the field and to gain a wealth of knowledge, engage in debate and exchange new ideas over two busy days.

Despite attempts by volcanic ash to disrupt the proceedings, the event was attended by in over 150 delegates and speakers over the two days, many using alternative modes of transport to ensure they could attend the event.

Download the conference report in Word format.