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Use of reasonable force and restrictive interventions in schools: key implications arising from the Department for Education’s updated guidance

The Department for Education (“DfE”) has published updated guidance on restrictive interventions, including the use of reasonable force, in schools, replacing the previous 2013 guidance. Effective from 1 April 2026, the updated framework introduces new statutory recording and reporting duties and places significantly greater emphasis on safeguarding, prevention, proportionality and governance oversight.

While the guidance recognises that there will continue to be circumstances in which restrictive interventions are necessary to prevent harm, maintain safety or prevent serious disruption, the updated framework reflects a notable shift in the underlying philosophy surrounding the use of reasonable force in schools.

The previous 2013 guidance was comparatively short and operational in nature. Its primary focus was largely upon reassuring schools and staff that they possessed lawful powers to use reasonable force where necessary. The guidance discouraged “no contact” policies, emphasised preserving staff confidence to intervene and cautioned against the automatic suspension of staff following complaints.

However, it placed comparatively limited emphasis on preventative approaches, de-escalation, governance oversight or formal reporting obligations. Recording expectations were minimal, training was not mandated and the framework itself was largely reactive and authority-focused in tone.

By contrast, the updated guidance reframes restrictive intervention through a safeguarding, preventative and governance-led lens. Restrictive intervention is positioned much more clearly as a measure of last resort within a broader safeguarding framework, rather than simply a lawful behavioural management power available to staff.

What has materially changed?

The updated guidance goes considerably further than the previous framework in setting out how, when and why restrictive interventions should be used, together with what should occur both before and after an incident.

In particular, the updated framework places increased emphasis upon:

  • preventative and de-escalation strategies;
  • consideration of pupils’ individual needs, including SEND;
  • staff training and preparedness;
  • post-incident review and oversight;
  • safeguarding integration and governance accountability; and
  • evidencing proportionality and decision-making processes.

Importantly, while much of the guidance remains non-statutory, from 1 April 2026 schools are subject to new statutory duties concerning the recording and reporting of restrictive interventions. Schools must now record every significant use of force and all incidents involving restraint or seclusion, regardless of severity. There is also a new legal duty to notify parents in writing of incidents involving reasonable force, restraint or seclusion as soon as reasonably practicable and, where possible, on the same day.

This represents a material departure from the previous 2013 guidance, which largely left decisions concerning recording and parental notification to individual schools and staff discretion.

The updated guidance also broadens the safeguarding framework surrounding restrictive intervention itself. “Restrictive interventions” are defined widely and include actions limiting a pupil’s movement, including both physical restraint and seclusion. At the same time, the guidance reiterates that force must never be used as a punishment and expressly prohibits dangerous practices which interfere with breathing or circulation, including pressure to the neck, chest or abdomen.

While school staff continue to retain the legal power to use reasonable force in order to prevent injury, serious disorder, criminal offences or damage to property, the overarching emphasis of the updated framework is now firmly upon safeguarding, proportionality, prevention and accountability.

The updated guidance also introduces significantly greater governance expectations. Governing bodies are expected to regularly review and analyse data concerning the use of restrictive intervention, including identifying patterns of use and considering whether force is being used disproportionately against pupils with SEND or other protected characteristics.

Why does this matter?

The updated framework has potentially significant implications from both a safeguarding and liability perspective.

Increased recording and reporting obligations are likely to create clearer evidential trails surrounding incidents involving restrictive intervention. While this may assist schools and insurers where appropriate policies and procedures have been followed, it is also likely to increase scrutiny where there are deficiencies in governance, training, safeguarding processes or record-keeping practices.

The updated guidance also increases the importance of consistency between safeguarding, behaviour management, SEND and complaints procedures. In practice, failures in one area may now attract wider scrutiny from a safeguarding, regulatory and liability perspective.

More broadly, the updated framework reflects the continuing trajectory of safeguarding regulation across the education sector towards increased oversight, accountability and evidencing of safeguarding practice, consistent with wider developments seen in frameworks such as Keeping Children Safe in Education.

Tags

uk & europe, abuse, abuse and neglect, casualty, disease, education, employer and public liability, insurance & reinsurance, local authority