In 2023 the Ministry of Education released new rules and guidelines for understanding student distress and minimising restraint. Our Kāhui Ako has been running school-based workshops to support the understanding and implementation of these new documents.

This year we have run sessions at Breens, Burnside High School, Tuia Burnside, Pītau-Allenvale and Wairakei. Session slides can be seen here and are summarised below:

Protecting Ākonga / Learners

Every ākonga has tapu, mana and potential . Ākonga are empowered when their uniqueness and diversity is nurtured and valued . We want our schools to be a place where all ākonga learn and grow. This happens when school communities respect and strengthen everyone’s potential.  Introduction to Aramai He Tētēkura

While restraint is a focus of the session, the key to all practice is minimising distress behaviour and reducing any need for physical restraint.

As per the Rules, every school must have a policy in place on reducing student distress and minimising the use of physical restraint. Further, every kura must take reasonable steps to ensure the school community is aware of this policy, e.g. by putting the info on their website.

What is restraint?

physical force to prevent, restrict, or subdue the movement of the student’s body or part of the student’s body against the student’s will.                Education Act Section 99

• The first thing for kura and whānau to understand is that the definition of restraint is very broad.
• The assumption is that restraint often means holding someone down against their will (as this is what we might see in news stories and movies).
• In practice, most restraints in a school occur when a staff member guides a student from an unsafe place to a safer place.
• Student consent is a key factor. If they comply with being guided there is no restraint. If a staff member needs to use force to guide the student this is restraint.

When is restraint appropriate/inappropriate?

A staff member is only allowed to restrain (as per the definition above):

• to prevent imminent harm AND 
• if there is no other option

If there is no threat of harm to self or others physical force must not be used.

Staff members must also be reasonable and proportionate in their use of restraint. 

This means only applying as much force as is necessary, and for the minimum time necessary

Additionally, there is a list of techniques that would never be considered reasonable. For example, headlocks, sitting on a child, and bending joints back.

Who can restrain?

• All teachers are authorised to restrain (to prevent harm)
• Teachers who are likely to need to restrain to prevent harm must be trained in the minimisation and safe use of restraint.
• Support staff (e.g. TAs) must complete training before they can be authorised to restrain

What to do after a restraint?

After a restraint, the school must:

• support the wellbeing of the student(s) involved in the incident
• support the wellbeing of the staff involved
• notify the parents/caregivers as soon as possible
• offer the parents/caregivers a chance to meet and discuss the restraint
• report the restraint to the Ministry of Education
• identify if any trends are occurring and take steps to minimise any future use of restraint

Additionally, if it is foreseeable that restraint will be required again to prevent harm, a support plan must be developed for the learner alongside the whānau. Any planned use of restraint to prevent harm must be approved by whānau.

Staff Training

Staff must complete a 2023 module on the new Rules. These workshops have been designed to support the completion of the first module.

In 2024, there will be more mandated modules for kura to complete as well.