Source · Select Committees · Education Committee
Recommendation 69
69
Acknowledged
Regulatory gaps persist, including child handcuffing and Ofsted ratings deterring complex needs placements.
Conclusion
The Department for Education has made some welcome steps towards increasing Ofsted’s powers of intervention in the Children’s Wellbeing and Schools Bill. However, some key gaps in regulation remain, most notably the worrying practice of using handcuffs to transport children between settings. We are also concerned that fear of negative Ofsted ratings is causing providers to refuse children with complex needs, putting more pressure on an already overstretched sector. (Conclusion, Paragraph 175)
Government Response Summary
The government clarifies that children’s homes regulations permit restraint only for preventing injury, damage, or absconding, and must be necessary and proportionate. While these regulations currently apply only to children's home staff, the government states it considers these principles should be adhered to across all children’s social care, but does not address concerns about Ofsted ratings penalizing providers.
Government Response
Acknowledged
HM Government
Acknowledged
The safeguarding and wellbeing of children and young people is of the utmost importance. The children’s homes regulations are clear that restraint can only be used: to prevent injury to any person (including the child who is being restrained); to prevent serious damage to the property of any person (including the child who is being restrained); or to prevent a child who is accommodated in a secure children’s home from absconding from the home. Restraint against a child must be necessary and proportionate, and use of restraint must be recorded. At present, the children’s homes regulations only apply to the use of restraint by staff working within a children’s home. However, we consider that the principles of only using restraint where necessary and for the shortest amount of time possible should be adhered to in all aspects of children’s social care.