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3.4.1 Behaviour Management and Sanctions

RELEVANT LEGISLATION

Sections 22 and 23, Children Act 1989

Care Planning, Placement and Case Review (England) Regulations 2010

Regulation 13, Fostering Services (England) Regulations 2011

Standard 3, National Minimum Standards for Fostering Services 2011

Regulation  17, Children’s Homes Regulations 2001, as amended by the Children’s Homes (Amendment) Regulations 2011

Standard 3, National Minimum Standards for Children’s Homes 2011

AMENDMENTS

These legislative references were updated in September 2011.


Contents

  1. Background
  2. The Maintenance of Acceptable Behaviour
  3. Behaviour Management Plans
  4. Prohibited Actions by Staff/Carers
  5. Approved Actions by Staff/Carers
  6. Recording and Monitoring


1. Background

1.1 Such are the circumstances which give rise to the placement of children in care that conflicts are likely to arise between their needs and abilities to control and contain their emotions, and the interests, safety, and functioning of those who are living with them or caring for them. 
1.2 Children in care are amongst the most vulnerable in society, have complex needs, and may exhibit extreme challenges.  Many have mental health needs, have lacked boundaries, missed educational opportunities, and as a result of abuse and exploitation find it almost impossible to form trusting relationships.  Some also pose significant risks to themselves and/or others, in relation to violence, suicide, and self harm. If unmanaged these behaviours have the potential to compromise the safety of the individual child and/or others. 


2. The Maintenance of Acceptable Behaviour:

2.1 Behaviour of children in care is managed on the basis of staff and carers maintaining good personal and professional relationships with them.  This promotes a culture in which the children are more likely to choose to cooperate on the basis of feeling safe and some measure of respect for those making requests of them, rather than confrontational as a consequence of being instructed, or compelled to take particular actions. 
2.2 Stability and predictability in an environment where children can anticipate the behaviour of those caring for them will similarly produce feelings of safety and security, and assist with the maintenance of self control and acceptable behaviour.
2.3 “Good parenting” is complex and based upon a combination of permission and control where children can reflect and learn from the consequences (positive and negative) of their actions including controlled risk taking.  Whilst emphasis is placed on the recognition of achievement and rewarding positive behaviour, some situations will require children to take responsibility for understanding the needs of others, and for trying to put things right. 
2.4 Against these variables staff must feel confident to act with clarity and without equivocation, but operate in a context of negotiation, consultation, and compromise.  Different aspects of behaviour management should be viewed as a continuum extending from the day to day relationships between staff/carers and children to actions staff must take (i.e. physical intervention) to preserve safety. 
2.5 Encouragement, rewards and consequences sit between these two points with the aim of re-enforcing the internalisation of acceptable behaviour patterns.
2.6 Individual children’s homes and foster homes may have its own approach to behaviour management of children placed, provided that the approach is entirely consistent with the principles set out in this chapter. 
2.7 For example, New Horizons uses incentive sheets as part of a child’s individual behaviour management plan, and send weekly information sheets to the child’s parents and social workers.


3. Behaviour Management Plans

3.1 As part of the placement planning process for all children in care Looked After, consideration should be given to whether it is necessary to draw up an individual Behaviour Management Plan.
3.2

The possible need for such a plan will be different for each child, depending on the child’s background and needs.  However, it is expected that any behaviour which gives rise to concern about the following will result in a Behaviour Management Plan, e.g.:

  1. Absenting behaviour
  2. Anxiety or withdrawal
  3. Bullying or other similar behaviours – see also Countering Bullying Procedure and Countering Bullying Guidance
  4. Challenging behaviour
  5. Drug or substance misuse – see also Drugs and Substance Misuse Procedure
  6. Lack of awareness of personal safety
  7. Offending or offensive behaviour
  8. Prostitution
  9. Self harming behaviour – see also Self Harming Procedure
  10. Sexually exploitative or inappropriate sexual behaviour – see also Working with Sexually Active Young People under the age of 18 Guidance
  11. Violence or aggressive behaviour
3.3 Behaviour Management Plans should be incorporated into children’s Placement Plan/Placement Information Records.
3.4 The plan should summarise the behaviours causing concern and the strategies being adopted by staff/carers to manage the behaviour(s).
3.5 Where the same behaviour is exhibited outside the placement, e.g. at school, every effort should be made to ensure staff/carers and other professionals work in partnership, ensuring consistency where appropriate.


4. Prohibited Actions by Staff/Carers

4.1

The following are actions by staff and/or carers which are prohibited:

  1. Corporal punishment.
  2. Deprivation of food and drink.
  3. Restrictions or refusal of visits/communication (unless agreed these would compromise the safety of, or constitute abuse of the child).
  4. Requiring a child to wear distinctive or inappropriate clothing.
  5. The use or the withholding of medication or medical or dental treatment.
  6. The use of accommodation to physically restrict the liberty of any child, except in approved Secure Accommodation.
  7. Intentional deprivation of sleep.
  8. Imposition of fines.
  9. Intimate physical searches.
  10. The use of physical power unless to prevent injury to self, others, or serious damage to property.
4.2 In all but the most exceptional of circumstances, the involvement of the police as a behaviour management tool is not acceptable unless as part of a joint Section 47 Enquiry.


5. Approved Actions by Staff/Carers

5.1 The success of a member of staff or carer can in large part be measured by their ability to form and sustain positive relationships with those entrusted to their care.  As a prerequisite, staff/carers must be able to quickly build a rapport with the children in their care, based upon mutual respect, understanding, and participation in their day to day lives (e.g. negotiation, sharing, persuading, offering alternatives, listening and investing time talking / taking part in activities). 
5.2 Only through knowing the children as individuals will staff/carers be able to understand, anticipate and be pro-active in finding non-escalatory solutions to the many and varied situations presented.
5.3 Using relationships as the central underpinning framework through which behaviour is channelled and managed, the following range of behaviour management are approved for use by staff:
5.4

Self Control

This provides opportunities for children to calm and reassert responsibility for their own behaviour.  This may be achieved through persuasive conversation, or providing an environment where high levels of agitation can subside. 

For example:

a) Self Control – Elective Separation:

The child may agree it would be best to return to his or her room for a brief period in order to calm down.  This is regarded as “elective separation” because the child is exercising choice.

It should be noted children may elect to separate themselves from others and go to their own bedroom for many reasons - not simply as a consequence of needing to manage their behaviour, e.g. to gain privacy to write a letter, read a book or undertake other more solitary pastimes.

“Elective separation” can be a negative behaviour as well as positive. Just as most people wish to be alone sometimes, it would be unhealthy for a child to seek to be alone always.  It may also indicate other personal relationship / self esteem difficulties, and/or bullying.

b) Self Control – Restricted Room Time:

Staff/carers may require a child to return to their room for a brief period.  Require in this context means instruct.  Whilst a guiding hand may be offered as psychological encouragement, it does not mean the application of force to overpower or promote compliance with the instruction. 

Staff should also be mindful of associations children may have in relation to their bedroom.  For some this may be positive and engender feelings of safety and private space, whilst for others be an area of anxiety and fear where in the past they have been abused.

The use of restricted room time to isolate a child in any room (though normally it would be the child’s bedroom) during normal waking hours is not encouraged - it being a poor substitute for active involvement / problem solving by staff/carers with children.

Staff/carers need to remain aware of, and be able to respond to the needs of all children in the placement and, in relation to the particular child who has been isolated, the child must be: -

  • risk assessed in terms of the frequency of observations s/he requires. This may range from constant in multiples of 5 minutes to once per 15 minute intervals.
  • risk assessed in relation to the likelihood of self-injury, depression, violence etc.  If necessary items may be removed from rooms to prevent self injury. 
  • able to summon assistance from staff/carers
  • approached by staff as soon as they are receptive to discuss matters / reassert self control
  • allowed to return from their room as soon as they are able to reassert self control

In all situations where a child has been required to go to / remain in his or her room an entry must be made in the child’s Daily Record and in the log book for restraints.  Unlike “elective separation” it also constitutes a “measure of control” and will be counted for monitoring as such.
5.5

Rewards and Sanctions:

In addition to the range of tools to manage behaviour, it is important for children to learn that their actions have consequences for which they need to be able to accept responsibility. 

The emphasis should be placed on encouragement and rewarding positives and, whilst confronting negative behaviour, avoiding punishment and sanctions. 

A number of tools are available to staff in assisting children face the consequences of their actions: -

Rewards

(sometimes referred to as a Progression and Development System) – i.e. a system of rewards and extension of privileges to promote acceptable behaviour

Reparation

  • i.e. the child doing something to put right something they have done.  It could involve repairing something belonging to someone else they have damaged, may involve returning goods they have stolen, or the taking of responsibility for clearing up a mess they have made.

Restitution

  • i.e. paying for damage they have caused.  Only up to a maximum of two thirds of a young person’s pocket money may be deducted as a restitution.  Payments may not be spread over more than a two week period.  Given the limited financial means of the children this is usually a “token” payment rather than the market value of the damaged item.

Restorative Justice

  • i.e. through discussion and meetings involving both the child and victim (with their agreement), assisting the child to appreciate the impact of his or her actions upon the victim.

Group Meetings

  • i.e. creating opportunities for all the children living in the placement to meet together to discuss their behaviour. This can be helpful in circumstances where the source of the negative behaviour concerns relationships within the home.  Careful management can however be needed in these situations to ensure staff/carers do not inadvertently legitimise a bullying culture to emerge.

Curtailment of Leisure Activities

  • i.e. preventing a child participating in a leisure activity they would have wanted to participate in.  This does not include educational activities provided by the school, or enrichment activity.

Additional Tasks

  • i.e. requiring a child to undertake additional tasks over and above what they would normally be expected to do.

Whatever methodology is used each intervention must be:-

  • Relevant.
  • Fair.
  • Proportionate.
  • Time related.
  • Agreed with the child.
  • Recorded.

All sanctions must be recorded by the staff involved or the carers and should be reported to the child’s social worker. 
5.6

Physical Interventions:

Before physical intervention is used, each situation must satisfy clear legal criteria if it is to be lawful.

In all instances the child must: -

  • Be endangering him or herself; and/or
  • Be endangering others; and/or
  • Causing serious damage to the fabric of the building.

Physical intervention on any other basis is not lawful and may constitute an assault.

De-escalation is the primary objective. Action should therefore only be taken as a last resort where all other alternatives have been exhausted or would be likely to fail, and then only using the minimum force necessary for the minimum amount of time.

In addition, any action taken must accord with a broader duty of care whereby its use is likely to prevent greater harm.

In addition to the above legal criteria, the methodology used to physically intervene, including the specific holds, must also be approved.

For children in residential care, the approved methodology is known as CALM® (Crisis, Aggression, Limitation Management) which does not rely on causing pain to achieve control, is BILD accredited, and independently bio-mechanically evaluated by a Chartered Physiotherapist. 

For further information see the CALM Policy.


6. Recording and Monitoring

6.1 Records need to be kept by staff/carers of any occasion when a child’s behaviour has been managed.
6.2 Records must be comprehensive and contain sufficient information to enable analysis of each intervention.  Records must show the antecedents, the actions taken (i.e. techniques used) and outcomes and include details of who was involved in what capacity.
6.3 The member of staff/carer who made the decision and leads any intervention has the responsibility for ensuring it is fully recorded.
6.4 It is important to reflect on the actions taken and for all concerned to understand any implications for the future care and behavioural management of the child updating the risk assessment as appropriate.
6.5

In foster care

Any incident leading to the child’s behaviour having to be managed should be recorded in the child’s Daily Record.

The fostering social worker and the child’s social worker should be informed as soon as practicable after any physical intervention.
6.6

In residential care,

Records should be completed and passed to the duty manager as soon as practicable after the intervention, usually before the end of the shift, and in every case within a 24 hour period.

Completed forms should be numbered in sequence and a hard copy must be retained.

In the case of physical interventions, the record must detail the holds used. 

The completed form should be forwarded to the Service Manager who will sign and send as a draft to the placing local authority.  The Service Manager will arrange for the report to be typed, checked, and returned to the author for signature before being placed on the case file. 

Any injury to any party must be recorded through the “critical incident” system, and Health & Safety accident/injury reporting arrangements.  In the event of serious injury this may also require onward reporting to the Health and Safety Executive.  All injuries must be reported to the duty manager/fostering social worker without delay.

In addition to reviewing individual interventions on a case management basis, the operation of the behaviour management policy in residential care is monitored through Regulation 33 and 34 visits – see Regulation 33 Visits Procedure and Regulation 34 Reviews Procedure

In addition, in residential care, all interventions (measures of control, elective room time, restricted room time, physical intervention) are monitored on a weekly basis by the registered manager to ensure compliance with the range of service policies, and quality standards.

Analysis of interventions which have physical dimension will specifically address the following questions: -

  • Was appropriate action taken throughout the incident?
  • Was the intervention lawful and conducted using approved techniques?
  • Was sufficient attention paid to the de-escalating techniques?
  • Was the method of intervention in keeping or proportionate with the presenting situation?
  • Was the degree and duration of actual physical contact or force proportionate to the circumstances?
  • Was the intervention appropriate with regard to the age, maturity, comprehension of the young person?
  • Was there appropriate discussion with the child and others involved before, during, and after the intervention?
  • Where restraint was used, was the restraint record comprehensive and completed within the appropriate time scale?
  • Was any person injured?

End