Question to the Department for Education:

To ask the Secretary of State for Education, whether the handcuffing of children in care during secure transportation occurs.

The department is clear that restraint, which includes the use of handcuffs, in relation to looked-after children is only permissible in a very narrow range of circumstances, and must always be necessary and proportionate. 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, including in secure children’s homes. This guidance can be found at: https://www.gov.uk/government/publications/childrens-homes-regulations-including-quality-standards-guide.

Restraint is only permitted in certain instances, in order to prevent injury to any person including the child, to prevent serious damage to the property of any person including the child, or to prevent a child who is accommodated in a secure children’s home from absconding from the home.

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, which would usually include an incident of restraint. The department does not routinely collect data on the use of restraint.

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 the guidance on the use of restraint and must always be necessary and proportionate. The Children’s Homes (England) Regulations 2015 will be reviewed as part of the government’s response to the Care Review recommendations, Stable Homes, Built on Love. In this, we have committed to review care standards, and will not hesitate to revisit guidance on the use of restraint and strengthen the law in this area, if we find this is necessary.