Restraint By Parents: When Is It Legal?

The use of physical restraint on children is a highly controversial topic, with some arguing that it is a necessary last resort to prevent harm to the child or others, while others claim that it can be traumatizing, harmful, and even fatal. While the laws and regulations surrounding physical restraint vary across different jurisdictions, the United Nations Convention on the Rights of the Child protects children from violent treatment. In most places, restraint is considered a last resort when all other options have been exhausted, and it must be carried out in a calm and controlled manner, ensuring the child's safety at all times. This topic has gained attention due to tragic stories like that of Sheila Foster's son, Corey, who died while being restrained at school.

Restraint to prevent harm

Restraining a child is a difficult issue, and it is important to consider the potential long-term effects on the parent-child relationship. While some parents believe that restraint is sometimes necessary to prevent harm to their child or others, others argue that it should only be used as a last resort when there is significant danger.

In the United States, the use of physical force by a parent or guardian to restrain or correct their child is not unlawful when it is deemed reasonable, moderate, and in the child's best interests. However, certain actions, such as kicking, burning, or interfering with a child's breathing, are always considered unreasonable and unlawful.

In the United Kingdom, the Mental Capacity Act (MCA) provides a clear definition of 'restraint' and outlines when it is legal. Restraint refers to using force or threatening to use force to make someone do something they are resisting or restricting a person's freedom of movement. The MCA states that restraint is lawful when it is in the person's best interests and necessary to prevent harm. The amount and type of restraint must be proportionate to the likelihood and seriousness of potential harm.

In the context of mental health units and secure training centres, staff must follow strict guidelines regarding the use of restraint. They are expected to avoid restraint whenever possible and only use it as a last resort when there is a risk of harm. Staff must also ensure that the person's freedom, privacy, and dignity are protected, and any use of restraint should be regularly reviewed and recorded.

When considering restraining a child, it is advisable to use similar criteria as one would when intervening to restrain an adult stranger. This includes assessing the extremity of the circumstances, having witnesses to speak on one's behalf, and ensuring that the action can be justified in a court of law if necessary.

Restraint as punishment

While restraint is sometimes necessary to protect a child or others from harm, restraint as punishment is prohibited in many places. In the US, restraint as punishment is banned in children's homes, prisons, schools, and secure children's homes. The United Nations Convention on the Rights of the Child also protects children from violent treatment.

In Illinois, schools are not supposed to forcibly restrain children as punishment, but an investigation by the Chicago Tribune and ProPublica Illinois found that this rule was often broken. Records showed that restraints were often used when students were disrespectful, profane, or not following rules, rather than for safety reasons. In one case, a girl was restrained for doing handstands in a timeout room. In another, a girl was restrained for 32 minutes after refusing to return to a seclusion room. In at least two dozen incidents, schools called an ambulance for a restrained child.

In Canada, the Supreme Court has ruled that parents and caregivers can only use corrective force that is minor or "transitory and trifling" in nature. Teachers are not allowed to use force for physical punishment under any circumstances. Spanking is a form of physical punishment that, depending on the circumstances, could be illegal in Canada. While it is not always a criminal offence, it could be considered child abuse under provincial and territorial laws. The Canadian government discourages the use of spanking and provides parents with positive parenting skills to manage children's behaviour.

In the UK, restraint must be used as a last resort and only when other methods of de-escalation have been attempted. It must be a fair and acceptable response to the situation, and the amount and type of force used must be appropriate. Restraint must never be used to humiliate, cause pain, or punish a child. The Mental Health Code of Practice states that restraint should only be used with caution and in a way that protects the child's freedom, privacy, and dignity.

Human rights and restraint

The use of physical restraint on children and vulnerable adults is a highly sensitive topic and is subject to strict regulation. In the case of children, restraint is only acceptable in very extreme situations, such as when a child is at risk of harming themselves or others, or when they are damaging property. In the UK, the Mental Health Act Code of Practice outlines that restraint should be used very carefully, ensuring that the individual's freedom, privacy, and dignity are protected. This is particularly important in the case of psychiatric patients, whose human rights are often already compromised.

The use of physical restraint can cause physical and psychological harm and must be implemented with extreme caution. For example, patients have reported feelings of humiliation and anguish when restrained in public, as well as physical side effects such as bruises, oedema, and muscle weakness. In the case of immigration detainees, restraint can be particularly distressing and re-traumatising, and it may breach their human rights. The use of restraint on detainees can also result in the unlawful recording of sensitive information, which is a breach of the Data Protection Act 1998 and the patient's right to privacy under Article 8 of the European Convention on Human Rights.

In the context of parenting, physical restraint should only be used sparingly and as a last resort to prevent a child from harming themselves or others. If restraint is used frequently, it may be a sign that professional help is needed. When restraining a child, it is important to use only the necessary amount of force to restrain them safely and to release them as soon as the aggressive behaviour ceases.

Overall, the use of physical restraint can be a complex issue that requires careful consideration of the individual's human rights and well-being. It is important to explore alternative interventions and to use restraint only when absolutely necessary to ensure the safety of the individual and others.

Restraint protocols

Restraint and seclusion can be harmful and even fatal for children. Therefore, restraint protocols should only be carried out by trained personnel in emergency situations to prevent injury to the child or others. An emergency is defined as a "substantial and imminent risk of serious bodily harm" to the child or another person.

When restraining a child, use just enough force to restrain them safely, and release them as soon as the aggressive behavior ceases. Speak in a reassuring, calm voice and explain that you are restraining them to prevent them from hurting themselves or others. If a child seems to become more enraged, you may need to back off for a moment.

Schools are required to verbally notify parents or guardians of any restraint, seclusion, or intentional physical contact in response to a student's behavior as soon as possible, and provide a written report within a few business days. Parents can request that the school district conduct an additional review if their child is subjected to multiple instances of restraint or seclusion.

Alternatives to restraint

While restraint may be necessary in some situations, it should be a last resort. Restraint can have a negative emotional and psychological impact on children, and it can also be distressing for parents, carers, and nurses.

• Understanding the child's skill deficits: By understanding a child's skill deficits, adults can better intervene when problems arise and prevent them from occurring. For example, if a child is struggling to transition between activities, adults can help them practice responding differently when they're frustrated.
• Use of therapeutic holding: Therapeutic holding involves gently but firmly holding a child to prevent them from harming themselves or others. This approach uses minimal force and is intended to be calming and reassuring for the child.
• Seeking the child's cooperation: In clinical settings, healthcare staff should seek a child's cooperation with procedures rather than resorting to restraint. This can be done through communication, education, and guidance for both the child and the staff.
• Implementing a restraint policy: Hospitals and other institutions should have explicit restraint policies in place. These policies should outline the appropriate use of restraint and provide guidelines for staff to follow, ensuring that restraint is used only as a last resort and with proper consent.
• Exploring alternative management approaches: In some cases, alternative management approaches may be more beneficial to the well-being of children and staff. These approaches may include therapeutic techniques, de-escalation strategies, or other interventions tailored to the child's needs.

It is important to remember that restraint should only be used when there is a risk of harm to the child or others, and even then, it should be done in a way that respects the child's human rights and dignity.

Frequently asked questions