Every school should be prepared for situations where reasonable force, restraint or seclusion may be needed – and new rules mean you need to act now, if you haven’t already.

New rules, new responsibilities from April

New government guidance and Regulations took effect on 1 April 2026, replacing the previous discretionary approach with binding legal duties. Schools must now record and report significant incidents to parents, have clear policies in place and ensure staff are trained. 

The changes follow an inquiry by the Equality and Human Rights Commission (EHRC) in 2021 and a Department for Education (DfE) call for evidence in 2023. Here's what you need to know.

From discretion to legal duty

Perhaps the most fundamental change is the shift from discretion to legal duty. Under the 2013 use of force guidance, informing parents about the use of force was described as good practice, with the decision left to individual schools, but that changes with the new guidance and Regulations. Schools must now ensure that a procedure is in place for recording each significant incident in which a member of staff uses force, seclusion or restraint on a pupil.

The aim of the changes is to increase transparency and data on the use of force, and formally define seclusion as a regulated intervention, but it seems clear that it will require more administrative work than previously, when there was no explicit requirement to record restraint or seclusion, and therefore practice varied across schools.

Policy requirements

There is a specific requirement to have a policy, whether forming part of the behaviour policy or a separate policy, that covers restraint and seclusion and reporting to parents. 

We have updated our model behaviour policy that forms part of the HR and education policies pack for subscribers ready to amend, adopt and use. The new guidance gives detail on what it needs to contain, but it is not enough for your policy simply to state that you abide by the new guidance and requirements. As ever, a policy needs to be put into practice for your school.

What counts as seclusion

The conversations we have had about the changes have focused on the changes relating to seclusion, which is specifically defined in the Regulations as being where a pupil is confined to a place away from others including by:

• Physically obstructing the pupil’s way of leaving the place.
• Securing the place so that the pupil cannot leave it.
• Causing the pupil to believe that they will be punished if they leave the place.

As can be seen, this is very widely defined and has the effect of meaning that in a situation where a pupil is separated and prevented from leaving an area due to dysregulation it will count as a seclusion. That will trigger the duties to record it and report it to parents. 

De-escalation, SEND planning and risk assessments

The new guidance also emphasises the use of de-escalation techniques in order to avoid incidents involving the significant use of force in the first place, and these strategies should be set out in the policy explicitly. 

Schools are now also expected to co-produce behaviour support plans with pupils with SEND and their parents, outlining adjustments and ways for pupils to communicate their needs. Where there is an identified risk of the need to use reasonable force and/or other restrictive interventions, schools must have risk assessments in place. School leaders should ensure that SENCO-led planning reflects these expectations at every stage.

Training and next steps

These developments mean that school staff will need to understand the new requirements and how to implement them. As well as updating your policies, staff training will be key to ensuring the changes are embedded in practice. For more information on how the new guidance affects your safety and SEND responsibilities alongside school HR services, contact our specialist education team to discuss further.