Schools (Recording and Reporting of Seclusion and Restraint) (England) Regulations 2025

Earl of Effingham Excerpts

Thursday 12th March 2026 Lords Chamber

[Lord Mohammed of Tinsley (LD)]

My Lords, I have spent many years working with young people, particularly the most vulnerable. We on these Benches support the main aims of this statutory instrument. The safety, dignity, and well-being of our children must always come first. When a young person is secluded, it means they are kept alone or physically restrained and their movement limited. It is a serious step. These sensitive situations must be handled with great care, and it is therefore right that we improve transparency. It is also right that parents receive a written record of what has happened, as soon as possible. The department is correct in recognising that seclusion can be just as harmful as the use of force. However, although the principle behind these regulations is sound, there are concerns about how the Government have gone about introducing them.

First, we should acknowledge the confusion that occurred during the rollout. As the Secondary Legislation Scrutiny Committee pointed out, the original measure had to be withdrawn and replaced because the Minister accidentally signed the wrong draft. We ask our students to check their work carefully before handing it in. It is reasonable to expect the same standards here. As the committee rightly said, this kind of mistake should not have happened.

However, the bigger concern is the Government’s impact assessment. The Government estimate that the cost of recording these incidents will be between £1.6 million and £6.3 million a year, equivalent to the time of about 137 full-time teachers. Yet this estimate only includes 2,443 independent schools in England. Why? Because the Department for Education decided that state schools are not businesses and therefore left them out of the calculations. This is a serious oversight. There are more than 21,000 state schools in England—almost nine times the number of independent schools. By leaving them out, the Government have avoided confronting the true cost of this policy. In reality, the amount of teaching time required will be far greater than the figures suggest.

We should also look at the assumptions behind these figures. The department estimates that it will take two teachers between 30 and 120 seconds to record an incident and report it to a parent. Has anyone making these calculations worked in a busy school recently? The idea that two teachers can promptly and sensitively record an incident involving restraint and seclusion in one or two minutes does not reflect reality. As the committee noted, the estimated time is unrealistically low. In practice, this will mean that already overworked, overstretched teachers will have to work longer hours or spend less time on the other important tasks such as teaching and supporting their pupils.

Let me be clear: we fully support the aims of protecting students and ensuring that parents are properly informed. However, how the Government introduced these measures raises legitimate concerns. There have been unavoidable procedural mistakes and very optimistic estimates of the time involved. The impact assessment leaves out 21,000 state schools, where most of this work will take place. What practical support will be provided to teachers in state schools to help them meet these new responsibilities without the unreasonable burden on staff—who are already working extremely hard?

[The Earl of Effingham (Con)]

My Lords, I thank the Minister for bringing forward this statutory instrument. We understand His Majesty’s Government’s intention. It has been some years since the last update on reasonable force policy, and there has never been a consistent and standardised measure across our schools on how seclusion and restraint are recorded and reported. His Majesty’s loyal Opposition support the principle of introducing such a regime, as does the noble Lord, Lord Mohammed of Tinsley.

However, much like my noble friend Lord Lucas, we would like to probe the Government on the impact assessment and the updated statutory guidance that will come into force in April. We understand the rationale behind the need for new guidance after many years, and we appreciate that the grounds on which teachers will be legally permitted to use reasonable force will be the same. However, there are several issues on which we seek clarification.

The new guidance makes it clear that teachers must be

“adequately trained in its safe and lawful use, and in preventative strategies”.

While it stops short of implementing a national training standard, the impact assessment assumes that each school will be responsible for ensuring that training is completed in accordance with the principles of the guidance. The impact assessment attempts to outline how this will work in practice. However, our concerns resound with those of my noble friend Lord Lucas and the noble Lord, Lord Mohammed.

As the Secondary Legislation Scrutiny Committee noted so well, the department has not accounted for schools in the state sector in its budgeting and suggests a cost of just over £350,000 to independent schools. Are the Government suggesting that there will be no cost to the state sector in implementing this change? If that is the case, can we please have clarification on how they get to their zero-cost calculation?