Question to the Department for Education:

To ask Her Majesty's Government what is their policy regarding the handcuffing of children in the care of local government and who are not charged with or convicted of any offence; and what plans they have, if any, to review that policy.

Legislation is in place to ensure that the use of restraint in respect of looked-after children is used in very limited circumstances and must be necessary and proportionate. Under the Children’s Homes (England) Regulations (2015), all incidents of restraint when a young person is cared for by a children’s home must be recorded.

Regulation 20(1) states that the only purposes for which restraint can be used in a children's home are to prevent injury to any person (including the child who is being restrained) or to prevent serious damage to the property of any person. In addition, restraint may be used on a child in a secure children's home for the purpose of preventing a child from absconding from the home. Regulation 20(2) states that restraint in relation to a child must be necessary and proportionate.

Similar regulations apply to children in foster care. Regulation 13(2)(b) of the Fostering Services (England) Regulations 2011 states that fostering service providers must take all reasonable steps to ensure that no child placed with a foster parent is subject to any measure of control, restraint or discipline which is excessive or unreasonable.

Ofsted regularly inspect all children’s homes in England to ensure they are complying with their legal duties, which include detailing incidents of restraint. Ofsted also inspects local authorities’ fostering services and independent fostering agencies to ensure they are meeting their duties and responsibilities. The department does not collect data on the use of handcuffs for children in the care system.