CARE AND CONTROL POLICY (Incorporating Physical Intervention, Positive Touch, Physical Contact and Restraint) 1. INTRODUCTION This policy takes account of relevant legislation, regulations and guidance including the most recent examples from the Department for Education, Department of Health and the Health and Safety Executive. For young people over the age of 16 years, the Mental Capacity Act must also be considered. The policy has been prepared to support all staff who will come into contact with children and for volunteers/work place students working within the Trust to explain the Academies’ arrangements for care and control. The purpose is to give staff the confidence to act in the best interests of the child. This policy will be made available to parents and pupils upon request. 2. DUTY OF CARE All staff within the Trust have a duty of care towards the children and young people they look after, their colleagues and others, under Health and Safety Legislation. They have a responsibility to familiarise themselves with policies and risk assessments, and participate in necessary training. They should look out for obvious hazards and reduce foreseeable risks wherever possible. The Children Act 1989 makes clear that in any decision involving a child the paramount consideration must be the child’s welfare. Paramount means it should be the first thing people think about and it should take precedence over all other considerations. For that reason staff need to carefully consider what is in the best interest of the child, both in the short term and the longer term. In exceptional circumstances, staff may need to take action in the best interest of the child and the use of reasonable force may be required to achieve this. The Trust acknowledges that physical interventions which use varying degrees of reasonable force are only a small part of a whole setting approach to behaviour management. Every effort will be made to ensure that all staff in this trust: Understand their responsibilities in the context of their duty of care Understand that the paramount consideration is the welfare of the individual child Understand that ‘reasonable’ force means that it is necessary and proportionate
CARE AND CONTROL POLICY (Incorporating Physical Intervention, Positive Touch, Physical Contact and Restraint) 1. INTRODUCTION This policy takes account of relevant legislation, regulations and guidance including the most recent examples from the Department for Education, Department of Health and the Health and Safety Executive. For young people over the age of 16 years, the Mental Capacity Act must also be considered. The policy has been prepared to support all staff who will come into contact with children and for volunteers/work place students working within the Trust to explain the Academies’ arrangements for care and control. The purpose is to give staff the confidence to act in the best interests of the child. This policy will be made available to parents and pupils upon request. 2. DUTY OF CARE All staff within the Trust have a duty of care towards the children and young people they look after, their colleagues and others, under Health and Safety Legislation. They have a responsibility to familiarise themselves with policies and risk assessments, and participate in necessary training. They should look out for obvious hazards and reduce foreseeable risks wherever possible. The Children Act 1989 makes clear that in any decision involving a child the paramount consideration must be the child’s welfare. Paramount means it should be the first thing people think about and it should take precedence over all other considerations. For that reason staff need to carefully consider what is in the best interest of the child, both in the short term and the longer term. In exceptional circumstances, staff may need to take action in the best interest of the child and the use of reasonable force may be required to achieve this. The Trust acknowledges that physical interventions which use varying degrees of reasonable force are only a small part of a whole setting approach to behaviour management. Every effort will be made to ensure that all staff in this trust: Understand their responsibilities in the context of their duty of care Understand that the paramount consideration is the welfare of the individual child Understand that ‘reasonable’ force means that it is necessary and proportionate