Schools (Recording and Reporting of Seclusion and Restraint) (England) Regulations 2025

Baroness Smith of Malvern Excerpts

Thursday 12th March 2026 Lords Chamber

New early intervention strategies are of course an excellent idea, but when done in conjunction with upholding the sometimes necessary use of seclusions and exclusions. We simply ask that the Minister and the department commit to revisit the incoming recording and reporting process that many people, not just noble Lords here, feel is poorly costed and has inadequate oversight. Can she then reassure your Lordships’ House that the Government accept that seclusions and exclusions are, regrettably, sometimes a necessary part of school life?

[The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)]

My Lords, I am grateful to have the opportunity today to respond to concerns raised by noble Lords and to clarify areas of misunderstanding, including in some of the analysis during this debate. The question of how schools use restrictive interventions, including physical restraint and seclusion, goes to the heart of how we keep children safe, support staff and uphold the trust of families. These interventions can have real and lasting effects, which is why this Government have taken such care in revising the Use of Reasonable Force guidance for schools and strengthening the framework around its use. Yet it is equally true that there will be moments, rare but critical, when the use of reasonable force or another restrictive intervention is both lawful and necessary to keep a child or those around them safe, and we cannot shy away from that reality.

In such circumstances, staff must be confident in what the law allows, clear on how to act safely and supported by leadership that builds strong partnerships with families, and provides parents with a clear and timely picture of their child’s experience. This sits at the heart of our wider approach of calm, caring and predictable environments supported by early, support-first intervention, as set out in our recently published schools White Paper. In doing so we ensure that every school and every classroom provides a safe, supportive place where every child, including those with special educational needs and disabilities, feels that they belong and can thrive.

It was with these principles in mind that we introduced new regulations requiring schools to record and report all incidents of seclusion and non-force-related restraint to parents, strengthening consistency and ensuring that parents are informed about significant events affecting their child. The consultation that we undertook early last year provided invaluable insight. While I understand the frustrations of the noble Lord, Lord Lucas, some of the words that he used about the department’s approach to engaging with schools, professionals and trade unions—that is widespread in the work that we do—were not fair and were significantly overstated.

During the course of that consultation, we heard clear concerns from parents, Ofsted and the Equality and Human Rights Commission about inconsistency in the monitoring of seclusion compared with physical force. There was real concern that this could lead schools to view seclusion as somehow easier or safer. That is not a message that any of us would wish schools to take, and the updated guidance directly addresses that risk. The revised guidance and new legislation equip schools to develop clear and inclusive policies, ensuring that safeguarding sits at the centre of decisions about restrictive interventions. It places strong emphasis on early help, understanding what sits behind behaviour, and using prevention and de-escalation strategies wherever possible. But it also recognises that when an intervention is necessary, staff must feel supported and able to act appropriately, lawfully and safely.

Importantly, every decision must take account of the welfare and needs of all children, including those with SEND, ensuring that responses are proportionate and rooted in an understanding of children’s needs and experiences. From April 2026, schools will be legally required, under these regulations, to record and report each significant incident of force, seclusion or non-force-related restraint to parents as soon as possible.

On the point about seclusion raised by the noble Earl, Lord Effingham, it is worth reminding ourselves of the definition of seclusion in this guidance. In these circumstances, we are talking about non-disciplinary interventions. I understand his concerns, which I share, about the need to ensure that teachers have the wherewithal and ability, through either suspension or other disciplinary measures, to maintain the calm classrooms that every child deserves. However, the seclusion covered in these regulations does not relate to those disciplinary areas.

On disciplinary provisions, the Government, in the most recent schools White Paper, came forward with proposals for how we can better handle, for example, internal suspensions. Those are not covered here. For clarity, seclusion here applies only where a pupil is prevented from leaving a space and is detained alone, other than as a disciplinary measure. That reflects the Equality and Human Rights Commission definition, which describes seclusion as the withdrawal of a pupil against their will and their confinement alone in a space they are not free to leave. In response to points raised by the noble Lord, Lord Lucas, in some of his communication, to be clear, seclusion does not include brief voluntary timeout, agreed calming arrangements or the planned non disciplinary use of separation or sensory spaces to support a pupil to regulate their emotions.

Schools must record all incidents of seclusion and non-force-related restraint. They may choose to record additional information, but such measures should not be described as “seclusion”. On the extent to which this process can be used for school improvement, we expect schools to use the data they collect to review their approaches and reduce the need for restrictive interventions through early, support-first approaches. Greater transparency will of course build trust with families and reassure the wider public about how such interventions are used.

I recognise the concerns raised about the evidence base underpinning the impact assessment. There is currently no national dataset on seclusion or non-force restraint. Therefore, internal exclusions were used as a cautious proxy because no better evidence exists. This is an imperfect measure, and the frequency of these incidents will vary significantly between settings—for example, in many secondary schools they are rare. However, in the absence of more robust data, it was the only viable approach. It may also be helpful to clarify that the monetised analysis of the impact assessment focuses on independent schools. Under Better Regulation requirements, as a department we must quantify the impact of new duties on businesses, and independent schools fall within that definition. State-funded schools do not do so, and so are not included in that element of the assessment. That is not to say there will not be an impact on state-funded schools—I will come to what that might be in a moment —it is simply to say that the approach taken in the impact assessment was in line with the Government’s Better Regulation requirements for how impact assessments are put together.

The noble Lord, Lord Lucas, and others also raised concerns about the department’s estimate of the time it will take school staff to record incidents. Although the evidence base is limited, I reassure noble Lords that this estimate assumes that schools already have or will put in place efficient and streamlined record-keeping systems. Our contacts with schools suggest that is the case in very many cases, and many do so already as part of wider safeguarding responsibilities. Our guidance is designed to support schools rather than add unnecessary burden. It is worth emphasising that many schools, as I already suggested, rarely use force or restrictive interventions. This has been fully reflected in our assessment of burden.