Question to the Department for Education:

To ask the Secretary of State for Education, what steps he is taking to end the handcuffing and restraint of children in the care system by private secure transportation providers except when there is a considerable risk of the child harming themselves or others.

The Children’s Homes (England) Regulations 2015 and supporting statutory guidance clearly sets out the law regarding the use of restraint where children are placed in children’s homes. This guidance can be found at: https://www.gov.uk/government/publications/childrens-homes-regulations-including-quality-standards-guide.

Homes are required to record any incidents of restraint under Regulation 35. There is also a requirement under Regulation 40 for the Registered Person to inform Ofsted of any incident in relation to a child that they consider to be serious.

The Registered Person and the local authority overall have a responsibility to ensure that children are kept safe, and their welfare is promoted. If transportation is arranged by the local authority who has responsibility for the child, then the care of the child would fall to them.

In 2019, the government published guidance on reducing the need for restraint for those responsible for providing education, health, and social care to children and young people under 18 years of age with learning disabilities, autistic spectrum conditions and mental health difficulties in these settings. This can be found here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/812435/reducing-the-need-for-restraint-and-restrictive-intervention.pdf.

Where local authorities have contract arrangements with transport services, restraint should only be used in very limited circumstances, in accordance with this guidance on the use of restraint and must always be necessary and proportionate.