Preparing for the new rules on restrictive interventions in Academies

Key statutory changes

The most significant legal update is the introduction of new paragraphs 16A and 32A ISSR, which require schools to have formal procedures for recording and reporting every significant use of force, incident of seclusion and incident of non-force related restraint.

These requirements apply even where restrictive interventions are agreed with parents as part of a pupil’s behaviour support plan.

Recording duties (ISSR paragraph 16A)

Schools must ensure staff make a written record of each relevant incident as soon as practicable and no later than the same day. As a minimum, records must include:

• Names of the pupil and staff involved
• Time, date, location and approximate duration
• Any relevant needs of the pupil, including SEND
• Brief explanation of why the intervention was necessary
• Details of any injuries and post-incident support.

Where force is used, schools must also record:

• What led to the incident and any known triggers
• Any de-escalation strategies attempted
• The type and degree of force used.

These records are intended to support better monitoring of practice, particularly for vulnerable pupils, even though there is currently no national data collection system.

Reporting duties (ISSR paragraph 32A)

Schools must also have procedures for informing parents in writing as soon as practicable and no later than the same day.

Use of force - a written report must include:

• Time, date, location and duration
• Why force was necessary
• The type and degree of force used
• Details of any injuries.

Seclusion and non-force restraint - parents must also receive written information, although the regulations do not prescribe specific content. Schools may use the minimum standards for force as a helpful guide.

Non-statutory guidance: Good practice

Additional clarification and practical advice include:

• Clearer explanations of when reasonable force may be used
• Advice on the use of seclusion
• Strategies to minimise the need for restrictive interventions
• Specific support for pupils with SEND
• Clearer responsibilities for staff, governing bodies and trusts.

There is a strong emphasis on prevention and de-escalation, including:

• Positive behaviour support
• Trauma-informed practice
• Restorative approaches
• Understanding individual triggers and risks.

Schools are encouraged to engage parents after incidents to review what happened, assess whether behaviour plans were followed, and consider whether changes are needed to reduce future risk.

Actions Schools should take before 1 April 2026:

1. Establish clear recording and reporting procedures
2. Review policies: Update behaviour and safeguarding policies to reflect the new framework. A standalone restrictive intervention policy is not required, schools may choose to introduce one or integrate procedures into existing policies.
3. Training and safeguarding: ensure staff receive training on lawful and proportionate use of force, prevention and de-escalation, SEND awareness and reporting requirements. Restrictive intervention practices should be embedded within safeguarding arrangements and reviewed by the Designated Safeguarding Lead.
4. Monitoring and equality: monitor incident data for any disproportionate impact on pupils with protected characteristics, particularly those with SEND.

Schools must take reasonable steps to ensure compliance by:

• Understanding legal responsibilities
• Requiring senior leaders to have an implementation plan
• Reviewing incident reports and trends
• Ensuring parents are informed
• Considering annual audits of practice.

Compliance with the guidance will likely raise new questions for settings (and employers) - it will require a nuanced approach and sit alongside other duties under relevant legislation such as the Equality Act 2010. 

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For more information or advice, please contact Miriam Carrion Benitez in our Regulatory Compliance team.