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 Home Professional Professional
The do's and don'ts of physical contact to restrain students
Please note that information in this article is for the purpose of guidance. please contact a TCEEA officer or your lawyer if you wish clarification of any points in this document.
One of the major areas of uncertainty facing teachers in carrying out their duties, particularly in the playground, is in relation to physical contact with students. Discharging their duty of care may not merely permit, but indeed require, teachers to use physical contact with students. Solicitor, Andrew KNOTT, explores the issues.
This article talks only about situations in which physical contact occurs for the purpose of controlling or restraining students. Physical contact may of course occur for other reasons such as instructing, encouraging, consolation, self-defence and so on.
Schools should have a policy about the use of force to control or restrain students which clearly explains the options and strategies open to all members of staff, parents and student.
A plan needs to be devised to address the management of students likely to behave in a way that may require physical control. Parents need to be consulted about specific action to be taken, necessary support and, particularly in special needs settings, medical advice about the safest way to hold pupils with specific health needs.
Staff other than teachers, including support staff, welfare officers, caretakers, or voluntary helpers on excursions, may be permitted to use reasonable force to control or restrain pupils provided that they have been authorised by the principal to have control or charge of pupils.
However, it is essential for the principal to give clear and explicit information to these people about what their duties and authority comprise.
Dos and Don'ts
Common types of incidents in which force may be necessary to restrain a student, include:
- A pupil is engaged in, or is on the verge of committing, deliberate damage or vandalism to property
- Pupils are fighting
- A pupil attacks a member of staff or another pupil
- A pupil is causing, or at risk of causing, injury or damage by accident, rough play or misuse of dangerous materials or objects.
- A pupil is running in a corridor or on a stairway in a way in which he or she might cause an accident likely to injure him or herself or others.
Types of intervention which can be used:
Physically interposing between pupils
- Blocking a pupil's path
- Holding
- Pushing
- Pulling
- Leading a pupil by the hand or arm
- Shepherding a pupil away by placing a hand in the centre of the back, or
- (in extreme circumstances) using more restrictive holds.
Physical forms of intervention to be avoided include:
- Holding a pupil around the neck, or by the collar, or in any other way that might restrict the pupil's ability to breathe
- Slapping, punching or kicking a pupil
- Twisting or forcing limbs against a joint
- Tripping up a pupil
- Holding or pulling a pupil by the hair or ear
- Holding a pupil face down on the ground. (There may be extremely exceptional circumstances in which such a use of force is, in fact, necessary, but they will obviously be rare).
The use of force can be regarded as reasonable only if the circumstances of the particular incident warrant it. The use of any degree of force may be unlawful if the circumstances do not warrant that use.
The degree of force employed must be proportionate to the circumstances of the incident and the seriousness of the behaviour or the consequences it is intended to prevent. It must always be the minimum force which is reasonably necessary to achieve the desired result.
All teachers need strategies and techniques for defusing and calming difficult situations before using force. Any action which might exacerbate the situation needs to be avoided.
Whether it is reasonable to use force, and the degree of force that is reasonable, might also depend on the age, understanding, sex and other physical characteristics of the student. Schools need to have appropriate mechanisms for recording incidents and for dealing with complaints or allegations.
Concluding comments
Teachers are very vulnerable to allegations of inappropriate or excessive use of force, and it is therefor prudent to think carefully before resorting to physical intervention, particularly in situations where the aim is to maintain good order and discipline, and there is no direct risk to people or property. Teachers are most likely to be the subject of allegations when they use force in precisely those circumstances. Where no other adult is present, they are very vulnerable to an adverse finding.
It is desirable that schools document carefully with parents particularly at the process of enrolment, the authority of school staff and others in relation to physical contact with students.
While it is important that persons in authority over teachers communicate their expectations clearly, and investigate allegations with a proper understanding of the law, it is also desirable that teachers be aware, not only of the broad legal justification for physical contact with students, but also of their vulnerability to allegations.
Andrew knott is a solicitor with Macrossans Lawyers, Brisbane
Contact Details
Tasmanian Catholic Education Employees Association
Ph: (03) 6234 9970
Fax: (03) 6234 9505
Email: angbriant@tassie.net.au
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