Restraint in schools: the legal framework in England explained

When a member of staff holds a pupil, several pieces of law apply at once. There is the power that allows them to act, the duties that govern how the school records and reports what happened, equality and human rights law that shapes what is reasonable for that particular child, and health and safety law that protects the adults involved. School leaders are often asked to explain this framework to governors, parents or a local authority, and the April 2026 changes have made it harder to find a single clear summary.

Before setting it out, it is worth being clear about our position. At ProActive Approaches we have argued since 2016 for #AimingForZero, a stance set out by our founder Simon Gower: a reduction target implies there is an acceptable number of restraints, and zero removes that permission. The legal framework tells you what you may do and what you must record. It does not tell you what good looks like. Legal duties are the floor, and the schools that reduce restraint fastest are the ones that stop treating legality as the goal.

The power: section 93 of the Education and Inspections Act 2006

Section 93 of the Education and Inspections Act 2006 gives all members of school staff a legal power to use reasonable force to prevent or stop a pupil from:

• causing injury to themselves or others;
• committing a criminal offence;
• damaging property; or
• causing disorder among pupils, during a teaching session or otherwise.

Three points are often misunderstood. First, it is a power, not a duty. Staff are never obliged to use force. Second, it applies to all staff, not only teachers, and to people the headteacher has temporarily put in charge of pupils. Third, "reasonable" has a specific meaning in the guidance: no more force than is necessary, for the least amount of time, judged in the circumstances.

The power also covers searching. Under the Education Act 1996, headteachers and authorised staff may use reasonable force to search for legally prohibited items, but not for items banned only under school rules.

The duties: section 93A and the 2025 regulations

From 1 April 2026, the law moved beyond permission and into accountability. Two sets of duties now apply, both explained in the DfE guidance Restrictive interventions, including use of reasonable force, in schools.

Significant incidents involving force

Under section 93A, governing bodies of maintained schools and proprietors of other schools must ensure there is a procedure for recording each significant incident in which a member of staff uses force on a pupil, and for reporting it to the pupil's parents. The record must be made in writing as soon as practicable, and staff should aim to complete it and inform parents the same day. The part of the guidance that covers these duties is statutory, so governing bodies must have regard to it.

Seclusion and restraint without force

The Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025 extend similar duties to seclusion and to restraint that does not involve force, such as removing a walking aid. Where an incident is both restraint and a significant use of force, the school follows the section 93A procedure and does not need to report it twice.

Limited exceptions

Parents do not need to be informed if the pupil is aged 20 or over, or if the member of staff believes that informing a parent would be likely to result in serious harm to the pupil. In that case they must report to any parent who can be told safely or, if there is none, to the local authority where the pupil normally lives.

Equality Act 2010: reasonable for whom?

The Equality Act 2010 matters in two ways. Schools must make reasonable adjustments for disabled pupils and take reasonable steps to avoid them being put at a substantial disadvantage. The DfE's advice on the Equality Act and schools sets out these duties in more detail.

In practice, this means a response that might be reasonable for one pupil could be unlawful for another. A pupil who cannot process verbal instructions under stress, or whose sensory needs mean touch is frightening, needs a different plan. The guidance asks staff to consider a pupil's medical conditions, SEND and other vulnerabilities in every decision. It also notes that pupils with SEND are disproportionately subject to restrictive interventions, and expects governors to check their data for this.

Human Rights Act 1998

Maintained schools and academies are generally treated as public authorities under the Human Rights Act 1998. Restraint and seclusion engage a pupil's rights to freedom from degrading treatment, to liberty and to respect for private life. These rights rarely appear in staff training, but they are why the guidance places such weight on dignity, on the shortest possible duration, and on seclusion only ever being a safety measure, never a punishment.

Health and Safety at Work etc. Act 1974

Employers must ensure, so far as is reasonably practicable, the health, safety and welfare of employees. The guidance links this to restrictive interventions in two ways: schools must have risk assessments where there is an identified risk that force may be needed with a pupil, and staff who regularly work in those situations should be able to do so as safely as possible. Injuries are recorded under the school's own procedures and reported to the Health and Safety Executive where the reporting rules apply.

Safeguarding and allegations against staff

If a parent or pupil alleges that force was used inappropriately, the school follows the allegations procedures in Keeping children safe in education 2026. Complaints that do not amount to an allegation go through the normal complaints procedure. Clear, prompt records are the best protection for both the pupil and the member of staff.

What the law does not say

Several beliefs about restraint in schools are not supported by law or national guidance:

• There is no legal list of approved holds. The guidance sets out principles and prohibited methods, not a menu of techniques.
• There is no statutory training certificate. The guidance expects staff who may need to intervene to be adequately trained in safe and lawful use and in prevention, and leaves school leaders to decide what training fits their context.
• A behaviour support plan is not consent to restraint. Recording and reporting duties apply even where parents have agreed in a plan that restrictive interventions may be used.
• Seclusion is not a sanction. Removal from the classroom as a disciplinary measure is covered by separate behaviour guidance.

What changed from the 2013 advice

Many school policies still quote the 2013 advice, so it helps to be clear about what is different now.

• Recording: in 2013 the advice described recording serious incidents as good practice and left schools to decide what counted as serious. Since April 2026, recording each significant incident is a statutory procedure with minimum content.
• Parents: speaking to parents was described as good practice. It is now a duty, in writing, as soon as practicable and ideally the same day.
• Scope: the 2013 advice was about force. The new guidance covers restrictive interventions more broadly, including seclusion and restraint without physical contact.
• Governance: governing bodies and proprietors now have a clear role in making sure procedures are followed and in reviewing data for patterns and disproportionate use.
• Prohibited methods: the guidance now sets out clearly that methods affecting airway, breathing or circulation must not be used, and that ground holds should be avoided.

The power itself, in section 93, is unchanged. What has changed is the accountability that surrounds it.

How the framework applies in a real incident

Consider a Year 8 pupil who, during a corridor transition, begins hitting another pupil. A member of staff steps between them and, when that does not stop the assault, guides the pupil away by the arms. Here is how each part of the framework applies.

• Section 93 gives the member of staff the power to act, because the pupil was causing injury to another.
• Necessity and proportionality decide whether what they did was reasonable. Stepping between the pupils first, then using the least force for the shortest time, and stopping as soon as the risk passed, all support that judgement.
• The Equality Act asks whether the pupil has a disability that the school knew about, and whether reasonable adjustments, such as a different transition time, had been made.
• Section 93A requires a written record that day, including the pupil's SEN status, what led up to the incident, what was tried first and why force was necessary.
• Parents of the pupil must be informed in writing as soon as practicable. Best practice is to offer a follow-up conversation.
• Health and safety law means any injury to the pupils or the member of staff is recorded, and reported to the Health and Safety Executive if the reporting rules apply.
• Governors will see the incident in the termly data, alongside any others in the same corridor at the same time of day.

The incident is lawful, but the framework is not finished with it. The most important question is the one the law does not ask: what will the school change so that the next transition does not end the same way?

Putting the framework into practice

A school that understands the framework can usually show it through five things:

1. A current policy that uses the DfE's definitions and sets out prevention before intervention.
2. Behaviour support plans and risk assessments for pupils where a need for intervention is foreseeable.
3. A recording and reporting process that staff can complete the same day.
4. Training matched to the roles most likely to be involved, refreshed regularly.
5. Governors who receive and question the data.

Our guide to physical intervention training for schools explains how to match training to these duties, and our restraint reduction training helps leaders turn the data into fewer incidents. For a whole-school approach, see ProActive Schools.

FAQ

Is the DfE guidance on restrictive interventions law?

Part of it is. The section on recording and reporting significant incidents involving force is statutory guidance under section 93A, so governing bodies and proprietors must have regard to it. The rest is non-statutory advice that schools should follow unless they have good reason not to.

Does the framework apply to academies and independent schools?

Yes. The guidance applies to all schools in England, including academies, free schools, independent schools, maintained nursery schools and pupil referral units. Further education colleges are covered by a separate power.

Does the same law apply in Wales, Scotland and Northern Ireland?

No. This framework applies to schools in England. The other nations have their own legislation and guidance.

Can staff be prosecuted for using reasonable force?

Staff who act lawfully, proportionately and in line with their training and the school's policy are using a legal power. Force that is excessive, used as punishment or that restricts breathing falls outside that power.

Do we need parental consent to restrain a pupil?

No. The power does not depend on consent. Parents should, however, be involved in co-producing behaviour support plans, and they must be told about each significant incident.