Missing Children – the controversial issue of restraint

A Safeguarding Hub – 15-minute read

A few years ago, I presented a 3-hour workshop to about forty foster carers. The theme of the presentation was missing children and I covered a wide range of topics including, reasons children go missing, risk factors, working in partnership and prevention. It was my first workshop for foster carers, and I thought it a good idea to include a slide which focussed on restraint, suggesting that it was an option for carers in certain situations. Well, I can safely say that I was lucky to complete the session and get out of the room alive, such was the disquiet amongst the group. The overwhelming consensus of opinion was that restraint is taboo, off limits and something that should be left to the police.

When we talk to social workers, carers and staff in residential care placements about missing children, the issue of restraint is by far the most controversial subject area. So much so, that these days we rarely mention it. The major objections are always the same, that any form of physical restraint may lead to accusations of assault from the child, potential arrest, prosecution and the loss of their job. There is of course, always the prospect of being assaulted by the child.  I have some empathy with this viewpoint, for it is correct that any use of force will come under robust scrutiny. However, this doesn’t mean to say that carers can’t use physical restraint where it is reasonable and necessary to do so. Where there is a lawful excuse or legal justification for the use of restraint, then it will not be unlawful, as long as the force or restrictions are proportionate.

I am also concerned that there appears to be a general view that under no circumstances can a child be deprived of their liberty, even when it involves no physical force, despite the fact that not to do so would lead to the child being at risk of significant harm. Restraint includes the restriction of movement i.e. locking a door to prevent a child leaving or blocking a doorway. If a child is not free to leave the home, or is under continuous supervision, then this would amount to a deprivation of liberty. However, like physical force, a child can temporarily be deprived of their freedom of movement in an emergency situation e.g.  not to do so would mean the child would come to harm.

Ofsted say there may be circumstances where a child can be prevented from leaving a home. The example they provide is where “a child may be putting themselves at risk of injury by leaving the home to carry out gang related activities, use drugs or to meet someone who is sexually exploiting them or intends to do so”.  The key elements here are:

  • whether staff/carer believe there may be an immediate risk; and
  • whether staff/carer believe that by leaving the home there is a risk of injury (physical or psychological).

In fact, Ofsted also point out that a carer should be alert to the fact that a child might want them to stop them, to demonstrate and show concern and give them a reason for not leaving.  So, for care providers in foster or residential care, there will be occasions where restraint and restricting movement, will be unavoidable in order to protect the welfare and safety of children in their care.  It may also be necessary in order for carers to defend themselves in circumstances where they have reasonable grounds for believing they or another carer will be injured by the child. Ultimately it is a call for the carer based on the circumstances and danger to the child, but the purpose of this article is to highlight that it is an option, albeit it should be the last resort.

Below are some key points regarding restraint. Whilst the legislation and guidance around the use of restraint covers a broad range of circumstances and service providers, the information below is a generalisation. It is not intended to override procedures and policies that will be in place in the various organisations where restraint is relevant. Carers should always seek advice from their various bodies and abide by the legislation.

The government are currently assessing the draft guidance on restraining children.  

Thanks for reading.

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