Question to the Department for Education:

To ask the Secretary of State for Education, what assessment his Department has made of the effect of restraint on the (a) mental and (b) physical health of children in care, particularly during the covid-19 outbreak.

The department is clear that restraint that deliberately inflicts pain cannot be proportionate and should never be used on children in children’s homes. The Children's Homes (England) Regulations 2015 state under regulation 20(1) 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 35(1) of the Children’s Home (England) Regulations 2015 requires each home to prepare and implement a behaviour management policy. This policy should describe the home’s approach to promoting positive behaviour and the measures of control, discipline and restraint which may be used in the home.

Ofsted regularly inspect all children’s homes in England to ensure they are complying with their legal duties, which include detailing incidents of restraint. We have recently contacted all children’s homes in England to remind them of their responsibilities regarding restraint. Together with Ofsted, we will act swiftly against anyone breaching these rules.