Question to the Department for Education:

To ask the Secretary of State for Education, whether he plans to introduce (a) regulations and (b) mandatory data-gathering on the restraint of children during secure transportation equal to that for children restrained in secure accommodation.

All children’s homes, including secure children’s homes, are governed by the Children’s Homes (England) Regulations 2015. These have provisions around behaviour and restraint. The Regulations and quality standards require homes to have a behaviour management policy that focuses on establishing positive relationships with young people, encourages acceptable behaviour, and sets out acceptable restraint measures.

There is a requirement for homes to record any incidents of restraint under Regulation 35 of the Children’s Homes (England) Regulations 2015, though central government does not collect any data on the use of restraint. The Regulations 2015, the guide to the children’s homes regulations, and the quality standards outline the types of support children receive from the home if they have been restrained. This includes, but is not limited to, the right to:

• See a medical professional if they request it.
• See or speak with an advocate directly via their pre-programmed phone in their rooms without having to ask staff.
• Contact others on their pre-programmed phone, including their social worker, the children’s commissioner, or Ofsted.

There is also a requirement under Regulation 40 of the Regulations 2015 for the registered person to inform Ofsted of any incident in relation to a child that they consider to be serious. The department is clear that restraint is only permissible in a very narrow range of circumstances, as set out in Regulation 20, and must always be necessary and proportionate.

In 2019, the government published guidance on reducing the need for restraint and restrictive intervention, available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/812435/reducing-the-need-for-restraint-and-restrictive-intervention.pdf.

Regarding the use of restraint during secure transportation, the registered person and relevant local authority (LA) have a responsibility to ensure that children are kept safe, and their welfare is promoted. If transportation is arranged by the LA who has responsibility for the child, then the care of the child would fall to them. Where LAs have contract arrangements with transport services, the department expects the same approach to the use of restraint to be applied.

There is a review of the Children’s Homes (England) Regulations 2015 planned for the near future. The department will revisit guidance on the use of restraint and strengthen the law in this area if our findings prove this is necessary.