Circular number 10/98

Section 550A of the Education Act 1996: The Use of force to Control or Restrain Pupils

Summary of contents

A new provision comes into force on 1 September 1998 (Section 550A of the Education Act 1996). This clarifies the powers of teachers, and other staff who have lawful control or charge of pupils, to use reasonable force to prevent pupils committing a crime; causing injury or damage; or causing disruption. Such powers already existed under common law but they have often been misunderstood.

Neither the Act, nor this Circular, authorise the use of corporal punishment in any circumstances. Nor are they intended to encourage the use of inappropriate force.

The Circular:

  • gives examples of circumstances in which physical intervention might be appropriate, and factors that teachers should bear in mind when deciding whether to intervene;

  • discusses the meaning of `reasonable force';

  • advises that schools should have a policy about the use of reasonable force, and should tell parents about it; and,

  • advises that schools should record incidents in which force is used to control or restrain a pupil, and tell parents of any such incidents involving their child.

Further Copies of this Circular can be obtained from:

DfEE Publications Centre
Tel: 0845 6022260
Fax: 0845 6033360
email: dfee@prologcs.demon.co.uk

All enquiries about this Circular should be sent to:

Mr Dominic Flitcroft
School Standards Group
2P
Sanctuary Buildings
Great Smith Street
London
SW1P 3BT

Tel: 020 79256499

Audience:
Local education Authorities
Heads and Governors of LEA Maintained Schools
Grant Maintained Schools
City Technology Colleges
Non-Maintained Special Schools
Independent Schools
Principals of Initial Teacher Training Institutions

Subject area:
Restraint

This Circular is guidance. It should not be treated as a complete and authoritative statement of the law.

Date of issue:
July 1998

Expiry date:
--

Related documents:
DfEE Circular 8/94
DfEE Circular 10/95
Section 550A of the Education Act 1996
DfEE letter of 8 May 1998 about the provisions of the Education Act 1997

Superseded documents:
None