Rules of engagement New physical restraints rules outlined

The Ministry of Education has recently announced new rules and guidelines on minimising the use of physical restraints in schools and kura.

They were created in response to calls from educators, parents and disability groups for more clarity on the use of physical restraint in schools and what is acceptable physical contact.

Ministry of Education Hautū Operations and Integration, Sean Teddy, says the new rules and guidelines have a strong focus on prevention.

“The guidelines outline the legislation and set out a practical approach to recognise and understand distress, focusing on minimising the use of physical retrains in schools. This includes the use of unjustified physical restraint,” he says.

By the 7th of March, 2023, all registered schools are required by the Ministry of Education to have a physical restraint policy in place. Furthermore, by the 7th of February, 2024, teachers and authorised staff are to have completed a mandatory online learning module about the new rules and guidelines.

This mandatory online learning module is free of charge and available through the ministry’s Community Portal with an education sector logon.

It takes about 30 minutes to complete. Sean says the module is called Physical Restraint –Understanding the Rules and Guidelines and is a guide to the legislation, rules and guidelines, and includes approaches that focus on safety and wellbeing. It’s the first of a series of modules, webinars and other resources being developed over 2023 and 2024.

Alongside these new rules and guidelines is a new online physical restraint incident reporting system and schools are to report all physical restraint incidents to the ministry using this new online incident form.

Sean says the new rules and guidelines are focused on prevention and provide a practical approach to recognising and responding to students’ distress that may result in imminent harm. “The guidelines clearly describe the three conditions that must all be present if physical restraint is used,” he says.

These three conditions are:

1. The physical restraint is necessary to prevent imminent harm, including significant emotional distress to the ākonga or another person.

2. You reasonably believe there is no other option available in the circumstances for preventing the harm.

3. The physical restraint is reasonable and proportionate in the circumstances. (This means only applying as much force as is necessary and for the minimum time necessary).

“The legislation also states that there may be times when proactive steps are needed to ensure ākonga safety. For example, an unauthorised staff member reaching out to prevent ākonga from running onto a road or climbing somewhere that is unsafe,”

“The legislation also states that there may be times when proactive steps are needed to ensure ākonga safety. For example, an unauthorised staff member reaching out to prevent ākonga from running onto a road or climbing somewhere that is unsafe,” Sean explains.

Sean says training around physical holds is separate and provided by local Ministry of Education offices. This training is also free.

“Physical holds training is only necessary for teachers and staff where there is a high likelihood of the use of physical restraint, and where physical restraint is identified as part of a student support plan,” he says.

“School staff, who are part of a team supporting a student where imminent harm is likely, can be authorised by the school. Under the rules, an employer may authorise an employee, who is not a teacher and who has been trained in accordance with Rule 12, to use physical restraint in accordance with section 99 of the Act.”

To create these new rules and guidelines, the ministry worked in partnership with the Physical Restraint Advisory Group. This group comprised of parents, principals, disability and education sector representatives and the Teacher Council.

For more information, visit: www.education.govt.nz/school/ student-support/specialeducation/behaviour-servicesto-help-schools-and-students/ minimising-physical-restraint-innew-zealand-schools-and-kura, where you can find the rules and guidelines in a PDF format.