The Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025
These Regulations, made under the Education Act 1996 and Education and Skills Act 2008, establish mandatory duties for schools in England regarding the recording and reporting of incidents where a member of staff secludes, restrains, or immobilizes a pupil outside of a disciplinary penalty; specifically, they require maintained schools to record such incidents and provide copies to parents, allowing for records to be withheld if disclosure risks the pupil's significant harm, while also amending standards for independent and non-maintained special schools to introduce equivalent requirements and simultaneously revoking a previous version of these regulations issued in error.
Arguments For
Establishes clear, consistent procedures for documenting serious incidents involving physical restriction of pupils, enhancing accountability for staff actions.
Ensures parents are informed about events where their child was secluded or restrained, promoting essential communication and oversight.
Protects pupils by allowing record withholding if disclosure risks significant harm, placing safeguarding as the primary concern.
Harmonizes the recording and reporting requirements for seclusion/restraint across local authority maintained schools and independent/non-maintained special schools.
Arguments Against
Imposes new administrative burdens on governing bodies, proprietors, and school staff for detailed documentation and timely reporting compliance.
The power to withhold records from parents based on potential 'significant harm' introduces a subjective element that may lead to disputes or lack of transparency.
The phased commencement dates (January 9, 2026, and April 1, 2026) require careful management for different regulatory parts.
Requires cross-referencing with separate legislation regarding 'use of force incidents,' potentially complicating compliance processes.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 342(4) and 563(1) of the Education Act 1996 and section 94(1) of the Education and Skills Act 2008.
The Secretary of State enacted these Regulations using powers granted under specific sections of the Education Act 1996 and the Education and Skills Act 2008.
- (1) These Regulations may be cited as the Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025.
This regulation establishes the official short title for this set of legislation, naming it the Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025.
(2) These Regulations come into force as follows— (a) this regulation and regulation 9 come into force on 9th January 2026; (b) the rest of these Regulations come into force on 1st April 2026.
The implementation schedule is staggered; this regulation and the revocation regulation (Regulation 9) take effect on January 9, 2026, while all other provisions become effective later, on April 1, 2026.
(3) These Regulations extend to England and Wales.
The legal scope of these regulations applies to actions and provisions within England and Wales.
(4) These Regulations apply in relation to schools in England.
Despite covering both jurisdictions above, the operational application of these specific rules is restricted to schools located within England.
- In these Regulations— “parent”, in relation to a pupil, has the meaning given by section 576 of the Education Act 1996 in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014; “seclusion or restraint incident” has the meaning given in regulation 4(1)(a).
This section defines key terms used throughout the document. 'Parent' has its usual meaning from education law but is expanded to include a local authority housing a pupil.
A 'seclusion or restraint incident' is formally defined by its reference in Regulation 4(1)(a).
- (1) For the purposes of these Regulations one or more members of school staff seclude a pupil if they detain that one pupil in a place apart from any other person (except the member or members of staff) otherwise than as a disciplinary penalty, including by— (a) physically obstructing the pupil’s way of leaving the place, (b) securing the place so that the pupil cannot leave it, or (c) causing the pupil to believe that they will be punished if they leave the place. (2) For the purposes of these Regulations a member of school staff restrains or immobilises a pupil if they restrict the pupil’s movement otherwise than as a disciplinary penalty, including by— (a) holding or binding the pupil’s body or part of it, (b) securing the pupil to a fixed or heavy object, or (c) depriving the pupil of an auxiliary aid that they usually use to help them move. (3) In this regulation “disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006.
This section precisely defines what counts as seclusion and restraint for the scope of these rules.
Seclusion involves detaining one pupil away from others, excluding disciplinary actions, via obstruction, securing the area, or creating fear of punishment.
Restraint involves restricting movement outside of a disciplinary penalty, achieved through physical holding, binding, securing to an object, or removing essential mobility aids. 'Disciplinary penalty' refers to the definition in the Education and Inspections Act 2006.
- (1) The governing body of a school maintained by a local authority must ensure that a procedure is in place for— (a) keeping a written record of each incident in which a member of the school staff secludes, restrains or immobilises a pupil for whom education is being provided at the school (a “seclusion or restraint incident”), and (b) supplying a copy of that record (except those where the pupil is aged 20 or over or provision made under regulation 5 applies) to each parent of the pupil as soon as practicable after the incident. (2) The governing body must take all reasonable steps to ensure that the procedure is complied with. (3) The procedure must require that the record is made as soon as practicable after the incident.
Governing bodies of schools funded by local authorities must establish and enforce a written procedure for recording every seclusion or restraint incident.
This procedure must mandate providing a copy of the record to the pupil's parents promptly, unless the pupil is over 20 or safeguarding rules (Regulation 5) apply.
Governing bodies are responsible for ensuring adherence to this procedure, which must require documentation to be completed as soon as reasonably possible after the event.
- A procedure under regulation 4(1) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to supply a copy of a record of a seclusion or restraint incident to a parent must not supply it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil, and (b) that if it appears to R that there is no parent of the pupil to whom R could supply a copy of the record without that being likely to result in significant harm to the pupil, R must supply it to the local authority (within the meaning of the Children Act 1989) within whose area the pupil is ordinarily resident.
Any procedure must contain specific safeguarding provisions.
A responsible person (R) must withhold the incident record from a parent if they judge that sharing it would likely cause significant harm to the pupil.
If sharing with any parent risks harm, R must instead supply the record to the relevant local authority where the pupil usually lives, as defined by the Children Act 1989.
- A procedure under regulation 4(1) need not provide for any action to be taken in relation to a seclusion or restraint incident that also constitutes a use of force incident within the meaning of section 93A of the Education and Inspections Act 2006 and therefore falls to be recorded under the procedure that is in place at the school in accordance with that section.
If a seclusion or restraint incident also qualifies as a 'use of force incident' under section 93A of the Education and Inspections Act 2006, the school is not required by these Regulations to create a separate procedure for recording it; the existing procedure for 'use of force' is sufficient.
- (1) The Education (Independent School Standards) Regulations 2014 are amended as follows. (2) In the Schedule (independent school standards)— (a) in Part 3 (welfare, health and safety of pupils), after paragraph 16, insert— “16A. (1) The standard in this paragraph is met if the proprietor— (a) ensures that a procedure is in place for recording each use of force incident in accordance with section 93A of the Education and Inspections Act 2006; (b) ensures that a procedure is in place for recording each incident in which a member of the school staff secludes, restrains or immobilises a pupil for whom education is being provided at the school (a “seclusion or restraint incident”); and (c) takes all reasonable steps to ensure that both procedures are complied with. (2) The procedure under sub-paragraph (1)(b) must require that the record is made in writing as soon as practicable after the incident. (3) The procedure under sub-paragraph (1)(b) need not provide for any action to be taken in relation to a seclusion or restraint incident that also constitutes a use of force incident within the meaning of section 93A of the Education and Inspections Act 2006 and therefore falls to be recorded under the procedure referred to in sub-paragraph (1)(a). (4) For the purposes of this paragraph a member or members of school staff seclude a pupil if they detain that one pupil in a place apart from any other person (except the member or members of staff) otherwise than as a disciplinary penalty, including by— (a) physically obstructing the pupil’s way of leaving the place; (b) securing the place so that the pupil cannot leave it; or (c) causing the pupil to believe that they will be punished if they leave the place. (5) For the purposes of this paragraph a member of school staff restrains or immobilises a pupil if they restrict the pupil’s movement otherwise than as a disciplinary penalty, including by— (a) holding or binding the pupil’s body or part of it; (b) securing the pupil to a fixed or heavy object; or (c) depriving the pupil of an auxiliary aid that they usually use to help them move. (6) In this paragraph—“disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006; “staff” includes supply staff and volunteers.”; (b) in Part 6 (provision of information)— (i) before paragraph 32 insert— “31A. The standard in this paragraph is met if the proprietor— (a) ensures that the procedures for recording use of force incidents and seclusion and restraint incidents referred to in paragraph 16A(1)(a) and (b) include procedures for information about each such incident (except where the pupil concerned is aged 20 or over or provision made under sub-paragraph (2) applies) to be provided to each parent of the pupil as soon as practicable after the incident; and (b) takes all reasonable steps to ensure that those procedures are complied with. (2) A procedure under sub-paragraph (1)(a) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to provide a parent with information about an incident must not provide it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and (b) that if it appears to R that there is no parent of the pupil to whom R could provide information about the incident without that being likely to result in significant harm to the pupil, R must provide information about the incident to the local authority (within the meaning of the 1989 Act) within whose area the pupil is ordinarily resident. (3) In this paragraph “parent”, in relation to a pupil, has the meaning given by section 576 of the Education Act 1996 in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the 1989 Act or section 76 of the Social Services and Well-being (Wales) Act 2014.”. (ii) in paragraph 32(1), for “about the provision of information by the school”, substitute “in this paragraph”; (iii) after paragraph 32, insert—[The text for Paragraph 32A insertion follows the preceding section in the original HTML structure]
This regulation amends the standards for independent schools (The Education (Independent School Standards) Regulations 2014).
Proprietors must ensure procedures are in place to record use of force incidents (as per the 2006 Act) and seclusion/restraint incidents, ensuring compliance with both.
Definitions for seclusion/restraint mirror those in Regulation 3.
Furthermore, standards for information provision are amended to require proprietors to ensure records of these incidents (excluding those aged 20+ or subject to harm exceptions) are given to parents promptly, mirroring the safeguarding exceptions outlined in Regulation 5.
The definitions of 'parent' and 'disciplinary penalty' are integrated into the amended standards.
- (1) The Non-Maintained Special Schools (England) Regulations 2015 are amended as follows. (2) In the Schedule, in Part 2 (requirements to be complied with by a school while approved under section 342(1) of the Education Act 1996), after paragraph 27, insert— “Reporting and recording of use of force, seclusion and restraint 27A. (1) The proprietor must— (a) ensure that a procedure for recording and reporting use of force incidents is in place in accordance with section 93A of the Education and Inspections Act 2006, and (b) ensure that a procedure is in place for— (i) recording each incident in which a member of the school staff secludes, restrains or immobilises a pupil for whom education is being provided at the school (a “seclusion or restraint incident”), and (ii) reporting each seclusion or restraint incident (except those where the pupil is aged 20 or over or provision made under sub-paragraph (4) applies) to each parent of the pupil as soon as practicable after the incident, and (c) take all reasonable steps to ensure that both procedures are complied with. (2) The procedure under sub-paragraph (1)(b) must require that a record of a seclusion or restraint incident is made in writing as soon as practicable after the incident. (3) The procedure under sub-paragraph (1)(b) need not provide for any action to be taken in relation to a seclusion or restraint incident that also constitutes a use of force incident within the meaning of section 93A of the Education and Inspections Act 2006 and therefore falls to be recorded under the procedure referred to in sub-paragraph (1)(a). (4) The procedure under sub-paragraph (1)(b) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil, and (b) that if it appears to R that there is no parent of the pupil to whom R could report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority (within the meaning of the 1989 Act) within whose area the pupil is ordinarily resident. (5) A procedure for recording incidents under sub-paragraph (1)(a) or (b) may provide for incidents to be recorded in the incident book kept under paragraph 27. (6) For the purposes of this paragraph a member or members of school staff seclude a pupil if they detain that one pupil in a place apart from any other person (except the member or members of staff) otherwise than as a disciplinary penalty, including by— (a) physically obstructing the pupil’s way of leaving the place, (b) securing the place so that the pupil cannot leave it, or (c) causing the pupil to believe that they will be punished if they leave the place. (7) For the purposes of this paragraph a member of school staff restrains or immobilises a pupil if they restrict the pupil’s movement otherwise than as a disciplinary penalty, including by— (a) holding or binding the pupil’s body or part of it, (b) securing the pupil to a fixed or heavy object, or (c) depriving the pupil of an auxiliary aid that they usually use to help them move. (8) In this paragraph—“disciplinary penalty” has the same meaning as in Chapter 1 of Part 7 of the Education and Inspections Act 2006; “parent”, in relation to a pupil, has the meaning given by section 576 of the 1996 Act in relation to a child or young person, but includes a local authority who provide accommodation for the pupil under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014; “staff” includes supply staff and volunteers.”.
This regulation applies similar recording and reporting requirements to non-maintained special schools by amending their 2015 regulations.
Proprietors must have procedures for recording use of force and seclusion/restraint incidents, and report the latter to parents promptly, subject to safeguarding exceptions similar to those in Regulation 5.
Incidents already covered under the use of force rules do not need dual recording.
Definitions for seclusion, restraint, parent, and disciplinary penalty are integrated into the new paragraph 27A.
- The Schools (Recording and Reporting of Seclusion and Restraint) (England) Regulations 2025 are revoked.
This regulation formally revokes the Schools (Recording and Reporting of Seclusion and Restraint) (England) Regulations 2025, which were issued previously in error.