Dear Sir or Madam,
Can pupils be restrained by unqualified staff
without QTS and without any Restraint training. If so, under what
conditions?

Yours faithfully,
Ian Stewart

Thank you for your enquiry. We will respond to you shortly. Please note
the following login, which you may use to check on this and any future
enquiries you may have:

E-mail address: [FOI #11071 email]
Password: ZaLDpF0d

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Question Reference #090427-000035
Question: Freedom of Information request - Restraint Policy
Date Created: 27/04/2009 21:11
Last Updated: 27/04/2009 21:11
Status: Unresolved

Enquiry History
Customer (D Hyde) 27/04/2009 21:11
Dear Sir or Madam, Can pupils be restrained by unqualified staff
without QTS and without any Restraint training. If so, under what
conditions?

Yours faithfully, Ian Stewart

show quoted sections

Recently you sent Nottinghamshire County Council an enquiry. Our response
is detailed below, along with your enquiry, under the heading 'Enquiry
History'.

We will assume your enquiry has been resolved if we do not hear from you
within 7 days.

Thank you for contacting us.

[1]Please do not reply to this e-mail. If you wish to add anything to your
original enquiry please click here.

Subject
Freedom of Information request - Restraint Policy

Enquiry History
Response (Chloe Booth) 28/04/2009 08:20
Dear Mr Stewart

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

I acknowledge your request for information received on 27/04/2009.

Your request is being considered and you will receive the information
requested within the statutory timescale of 20 working days as defined by
the Freedom of Information Act 2000, subject to the information not being
exempt or containing a reference to a third party.

If appropriate, the information may be provided in paper copy, normal font
size. If you require alternative formats, e.g. language, audio, large
print, etc. then please let me know.

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then the
information will not be released. You will be informed if this is the
case, including your rights of appeal.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if this is the case.

There may a fee payable for this information. This will be considered and
you will be informed if a fee is payable. In this event the fee must be
paid before the information is processed and released. The 20 working day
time limit for responses is suspended until receipt of the payment.

If you have any queries or concerns then please do not hesitate to contact
me.

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk
Customer (D Hyde) 27/04/2009 21:11
Dear Sir or Madam, Can pupils be restrained by unqualified staff
without QTS and without any Restraint training. If so, under what
conditions?

Yours faithfully, Ian Stewart

show quoted sections

Dear Nottinghamshire County Council,

Please will you answer the question i have asked in my first
correspondence

Yours sincerely,

D Hyde

Thank you for contacting Nottinghamshire County Council. You should expect
a response from us shortly. Your enquiry is detailed below under the
heading 'Enquiry History'.

[1]Please do not reply to this e-mail. If you wish to add anything to your
original enquiry please click here.

Question Reference #090428-000046
Question: Re: Freedom of Information request - Restraint Policy
Date Created: 28/04/2009 16:40
Last Updated: 28/04/2009 16:40
Status: Unresolved

Enquiry History
Customer (D Hyde) 28/04/2009 16:40
Dear Nottinghamshire County Council,

Please will you answer the question i have asked in my first
correspondence

Yours sincerely,

D Hyde

show quoted sections

Recently you sent Nottinghamshire County Council an enquiry. Our response
is detailed below, along with your enquiry, under the heading 'Enquiry
History'.

We will assume your enquiry has been resolved if we do not hear from you
within 7 days.

Thank you for contacting us.

[1]Please do not reply to this e-mail. If you wish to add anything to your
original enquiry please click here.

Subject
Re: Freedom of Information request - Restraint Policy

Enquiry History
Response (Karen Green) 30/04/2009 12:38
Dear D. Hyde,

Thank you for contacting us again.

We replied to the first correspondence received from [FOI #11071 email] on
28/04/09 at 08.20 as follows:

'FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
I acknowledge your request for information received on 27/04/2009.
Your request is being considered and you will receive the information requested within the statutory
timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the
information not being exempt or containing a reference to a third party.
If appropriate, the information may be provided in paper copy, normal font size. If you require
alternative formats, e.g. language, audio, large print, etc. then please let me know.
For your information, the Act defines a number of exemptions which may prevent release of the
information you have requested. There will be an assessment and if any of the exemption categories
apply then the information will not be released. You will be informed if this is the case, including
your rights of appeal.
If the information you request contains reference to a third party then they may be consulted prior to
a decision being taken on whether or not to release the information to you. You will be informed if
this is the case.
There may a fee payable for this information. This will be considered and you will be informed if a fee
is payable. In this event the fee must be paid before the information is processed and released. The 20
working day time limit for responses is suspended until receipt of the payment.
If you have any queries or concerns then please do not hesitate to contact me.
Further information about your rights is also available from the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk*

The Freedom of Information request was submitted in the name of Ian Stewart. A reply will be sent
within the 20 working day time limit.
I hope this clarifies the situation.

Kind regards
Customer (D Hyde) 28/04/2009 16:40
Dear Nottinghamshire County Council,

Please will you answer the question i have asked in my first
correspondence

Yours sincerely,

D Hyde

show quoted sections

Dear Nottinghamshire County Council,

Please will you answer the question i have asked in my first
correspondence

Yours sincerely,

D Hyde

Thank you for contacting Nottinghamshire County Council. You should expect
a response from us shortly. Your enquiry is detailed below under the
heading 'Enquiry History'.

[1]Please do not reply to this e-mail. If you wish to add anything to your
original enquiry please click here.

Question Reference #090430-000030
Question: Re: Freedom of Information request - Restraint Policy
Date Created: 30/04/2009 16:26
Last Updated: 30/04/2009 16:26
Status: Unresolved

Enquiry History
Customer (D Hyde) 30/04/2009 16:26
Dear Nottinghamshire County Council,

Please will you answer the question i have asked in my first
correspondence

Yours sincerely,

D Hyde

show quoted sections

Dear Sir,

Thank you for your request regarding the restraint of pupils.

The answer is that yes, pupils can be restrained by staff without QTS or
restraint training.

The Education and Inspections Act 2006 enables school staff to use "such
force as is reasonable in the circumstances to prevent a pupil from doing
or continuing to do" any of the following:

* committing any offence (or, for a pupil under the age of criminal
responsibility, what would be an offence for an older pupil)
* causing personal injury to any person (including the pupil themselves)
* causing damage to the property of any person (including the pupil
themselves)
* prejudicing the maintenance of good order and discipline at the
school, and among any pupils receiving education at the school,
whether during a teaching session or otherwise.

The use of reasonable force would always be a last resort for teachers and
support staff but schools do offer clear, precise advice and guidance to
their staff on their restraint policy so that there can be no confusion.
The act also defines to whom the power applies as follows:

* any teacher who works at the school
* any other person whom the headteacher has authorised to have control
or charge of pupils. Specific mention is made of support staff,
teaching assistants, learning support assistants, learning mentors and
lunchtime supervisors.

I hope this is helpful to you.

Please contact me should further information be required.

Further information on your rights under the Freedom of Information Act is
available from the information commissioner at www.ico.gov.uk

John Hemstock
Business Manager
Children and Young People's Services
Nottinghamshire County Council
0115 97(73532)
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