Guidelines for Registered Schools in New Zealand on the Use of Physical Restraint
These guidelines are issued by the Secretary for Education under section 139AE of the Education Act 1989.
Ministry of Education, Mātauranga House, 33 Bowen Street, PO Box 1666, Wellington 6140. Website: www.education.govt.nz.
Developing the guidelines: expertise from throughout the sector
Student and staff wellbeing come first
Identifying when you may need to apply physical restraint
Use physical restraint only where safety is at a serious and imminent risk
What is serious and imminent risk to safety?
These examples do not pose a serious and imminent risk to safety
Use preventative and de-escalation techniques first
What may escalate the behaviour
Guidance if you have to use physical restraint
What to do if prevention and de-escalation do not work
Monitor wellbeing throughout when applying physical restraint
Good practice following an incident involving physical restraint
Promote the minimisation of physical restraint
Reporting and documenting the incident
Adapting the Individual Behaviour Plan
For the team supporting the student
Reporting templates for physical restraint
Appendix 1: Staff physical restraint incident report form
Information for the Ministry of Education and the employer form
Appendix 3: Staff reflection form
Appendix 4: Debriefing form for staff involved in physical restraint incident
Appendix 5: Physical restraint debriefing form – parents or caregivers, student
The Guidelines for Registered Schools in New Zealand on the use of Physical Restraint (“guidelines”) are issued by the Secretary for Education under section 139AE of the Education Act 1989 (“Act”). They supplement the legislation relating to limits on the use of physical restraint and the prohibition of seclusion. They explain the legislation (sections 139AB to 139AE of the Act) and the associated Education (Physical Restraint) Rules 2017 (“rules”).
Student and staff wellbeing is at the heart of these guidelines. Inclusive practices and a safe physical and emotional environment are of greatest importance for all students.
The guidelines have been issued under the legislation to help schools understand the legislation and follow it. They address the uncertainty staff experience when faced with a student exhibiting difficult behaviour that may escalate into a dangerous situation. The legislation requires all schools to have regard to these guidelines.
Information is provided on how to incorporate physical restraint into an Individual Behaviour Plan if necessary, and who to involve in the decision-making process, including parents and caregivers.
The guidelines direct staff to training in techniques for managing potentially dangerous situations and applying physical restraint safely, and describe how to debrief and report a situation involving physical restraint.
The guidelines also make it clear that under the legislation seclusion is prohibited and must not be used in New Zealand schools.
An advisory group from across the sector contributed to the development of the guidelines. The group included representatives from the Special Education Principals’ Association of New Zealand, New Zealand Principals’ Federation, New Zealand Educational Institute Te Riu Roa, New Zealand School Trustees Association, Secondary Principals’ Association of New Zealand, New Zealand Post Primary Teachers Association, Ministry of Health, High and Complex Needs Unit and the Ministry of Education.
The guidelines take into account current international research and directions, and relevant legislation and international conventions including the New Zealand Bill of Rights Act 1990, Education Act 1989, United Nations Convention on the Rights of the Child, United Nations Convention on the Rights of Persons with Disabilities, Vulnerable Children Act 2014, Health and Safety at Work Act 2015, and the Crimes Act 1961.
These guidelines supplement the Act and rules and provide a resource to assist principals and boards, sponsors of partnership schools kura hourua, and managers of private schools understand their responsibilities under the legislation, and to support staff to safely manage potentially dangerous behaviour where the safety of students, staff, or any other person is threatened.
There are some fundamental principles on which the guidelines are built.
Principle 1: Physical restraint is a serious intervention. These guidelines aim to minimise the use of physical restraint.
Principle 2: If there is an alternative to physically restraining a student, use the alternative.
Principle 3: All schools are required to provide a safe physical and emotional environment for students and staff. Parents, students and the public have a legitimate expectation that the school environment will be a safe environment that supports learning.
Principle 4: The Education Act 1989 provides for the circumstances when teachers and authorised staff members may physically restrain a student. In exercising these powers, teachers and authorised staff members must act reasonably and proportionately in the circumstances to achieve a safe environment for students and staff.
Principle 5: Students’ rights are protected under the Bill of Rights Act 1990.
The Act defines physical restraint as using physical force to prevent, restrict, or subdue the movement of a student’s body or part of the student’s body.
Physical restraint can only be used by teachers or authorised staff members. Teachers are people employed in a teaching position at a school. This includes a person with a Limited Authority to Teach, and a relief teacher employed by the employer (eg board of trustees, sponsor or manager). All teachers are automatically authorised to act under the legislation.
Authorised staff members are employees of a school authorised by their employer.
The Act limits the use of physical restraint by teachers or authorised staff members in schools to situations where:
Physical restraint is now regulated via a combination of the Act, the rules and statutory guidelines. It is a legal requirement for schools to:
The legislation and rules set out what schools must do. The guidelines outline good practice in using physical restraint, and monitoring and reporting on the use of physical restraint.
By following the Act, the rules and the guidelines when using physical restraint, a teacher or authorised staff member will minimise their risk of injuring a student or being hurt themselves, and mitigate their risk of legal liability.
Section 139AC limits the use of physical restraint in schools.
The legislation applies from 19 May 2017.
The Act bans the use of seclusion in schools and early childhood services including ngā kōhanga reo.
More information about seclusion can be found on the Ministry of Education website: education.govt.nz/school/managing-and-supporting-students/student-behaviour-help-and-guidance/seclusion.
Boards, sponsors of partnership schools kura hourua and managers of private schools must follow the procedure for authorising staff members, who are not employed as teachers, to use restraint in accordance with Rule 5 of the rules.
Boards, sponsors and managers should ensure that:
Each school should:
It is the school’s responsibility to ensure that parents, students, school staff and the community know about the school’s plans and policies for managing challenging behaviour and using physical restraint.
This includes having processes in place to inform parents when physical restraint has been used.
The Education Review Office may review a school’s use of physical restraint, as it would any other school operation or procedure.
Physical restraint affects the wellbeing of both the student and the staff member who applies it. It is associated with injury and increased emotional trauma to them both.
These guidelines focus on staff and student safety and wellbeing. They provide staff with generic techniques for preventing and de-escalating potentially dangerous situations. For more information schools can request the Understanding Behaviour – Responding Safely training (see below).
Physical restraint is a serious intervention. The emotional and physical impact on the student being restrained and the person doing the restraining can be significant. There are legal and reputational risks if a student is harmed.
The first aim should be to avoid needing to use physical restraint. Use preventative and de-escalation techniques to reduce the risk of injury.
Use physical restraint only when:
The teacher or authorised staff member reasonably believes that the safety of the student or of any other person is at serious and imminent risk.
The physical restraint response must be reasonable and proportionate in the circumstances:
The physical restraint provisions are intended to deal with the upper end of the spectrum of situations where teachers and authorised staff members have physical contact with a student. It is clear that, in these situations, the restraint is in response to a serious and imminent risk to safety.
Teachers and authorised staff members will need to use their professional judgement to decide what constitutes “a serious and imminent risk to safety”. These situations are examples:
Avoid using physical restraint to manage behaviour in these situations:
Staff may need to physically support students. The following situations involving physical contact to support students happen in schools every day:
The first aim is to avoid needing to use physical restraint.
Use the following strategies to prevent or de-escalate potentially dangerous behaviour. These are general suggestions only.
After an incident involving physical restraint, take these steps to ensure everyone involved stays safe, future incidents can be prevented if possible, the parents or caregivers know, and the incident is reported.
The Principal or Principal’s delegate should be responsible for:
A student who regularly presents with high-risk behavior should have an Individual Behaviour Plan. The student’s support team may agree to include physical restraint in the Individual Behaviour Plan as an emergency strategy for keeping people safe. Making this part of their plan ensures an individualised approach that is tailored to the student’s needs.
The Individual Behaviour Plan should outline the preventative and de-escalation strategies which, if successfully implemented, would prevent the need for physical restraint. It should clearly state that physical restraint is only to be used when the student’s behaviour poses a serious and imminent risk to the safety of themselves or others.
The team supporting the student should ensure the type of physical restraint used is consistent with the student’s individual needs and characteristics, including:
A training package, Understanding Behaviour – Responding Safely (UBRS), has been developed for New Zealand schools. It includes a full-day workshop for all staff and ongoing support afterwards. The training can be delivered in modules rather than a full day if this is a better option for your school. The focus is on preventative and de-escalation techniques. Contact your local Ministry of Education office for information about this training.
School staff should be made aware of the following:
Instructions |
1. Staff must complete a Staff Physical Restraint Incident Report1. Use the form attached to these guidelines, or other suitable template. The staff member who applied the physical restraint should sign the incident report, as well as the Principal or Principal’s delegate. 2. Place a copy of the Staff Physical Restraint Incident Report and any other relevant forms, eg an injury form, in the student’s file. Make the copied forms available to the student’s teacher/s and the student’s parents or caregivers. 3. Report all incidents of physical restraint to the Ministry of Education2 and the employer (boards of trustees, sponsors of partnership schools kura hourua, and managers of private schools). Use the form: Information for the Ministry of Education and the Employer specified in Appendix 1 of the rules. A copy of the form is also included below. 4. The debriefing forms should be completed by the Principal or delegate. 5. Share information on physical restraint incidents with the Board of Trustees via the Principal’s report. Only share this information in a session that excludes the public. |
Note: If the Principal applied the restraint, a delegated senior management team member should sign off the report.
Notes: The Principal is responsible for facilitating the debriefing unless they are the person who applied the physical restraint. If this is the case, a suitable senior leader in the school should take this role. If police have been involved they should be invited to the staff debriefing too.
Note: The staff member who applied the physical restraint should not be part of this meeting.
Report completed by |
Date of incident |
Date of report |
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Name of student |
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Date of birth |
Gender M ☐F ☐ |
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Ethnicity |
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Time restraint started |
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Time restraint ended |
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Name/s of staff member/s administering restraint |
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Trained in safe physical restraint? |
Yes □ No □ |
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Other staff/adults who witnessed |
Place where restraint occurred |
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Classroom |
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Corridor |
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Assembly hall |
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Outdoor area |
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Toilet block |
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Administration area |
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Other (identify) |
Behaviour directed at |
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Staff member – name |
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Student – name |
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Self |
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Property – describe the serious and imminent risk to the safety of self or others |
Reason restraint was considered necessary |
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Serious and imminent risk to safety – describe |
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Actual injury – describe and attach injury form |
Signatures |
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Principal or Principal’s delegate |
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Staff member involved |
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Other staff (witnesses) |
Place a copy of this form on the student’s file.
Note: The information in this form may be the subject of requests made under the Privacy Act 1993 and the Official Information Act 1982.
If a teacher or staff member physically restrains a student the incident must be reported to the Ministry of Education and the employer (board of trustees, sponsor of a partnership school kura hourua, or manager of a private school). Complete the form below and email it to physical.restraint@education.govt.nz. Provide a copy of the form to the employer.
Why is the Ministry collecting this information?
The Ministry will use the information to provide appropriate support to schools and students when there are incidents of physical restraint on students.
The Ministry will also use this information to update the rules and guidelines to reflect evolving practice or address areas of concern.
What is physical restraint?
The Act defines physical restraint as using physical force to prevent, restrict, or subdue the movement of a student’s body or part of the student’s body. Physical restraint is a serious intervention. The legislation limits the use of physical restraint on students to teachers or authorised staff members.
The following situations involving physical contact happen in schools every day. They are not examples of physical restraint and do not have to be reported to the Ministry:
Information for Ministry of Education and the Employer: |
Date of incident |
Date of report |
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Name of School |
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Student’s National Student Number (no name) |
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Date of birth |
Year level |
Gender M ☐F ☐ |
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Ethnicity |
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First time the student has been physically restrained? |
Yes □ No □ |
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The student was physically restrained more than once during the day? |
Yes □ No □ If yes, how many times? |
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The student has an Individual Behaviour Plan? |
Yes □ No □ |
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Physical restraint was a part of the plan? |
Yes □ No □ |
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Were parents notified? |
Yes □ No □ |
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Was anyone injured? If yes describe |
Yes □ No □ |
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Was the staff member who applied the restraint a teacher or authorised staff member? |
Yes □ No □ If no, provide details |
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Role of staff member who applied the restraint? |
□ Teacher □ Other If other, describe role |
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Did the staff member who applied the restraint receive any training prior to the incident? |
Yes □ No □ If yes, what training? |
Why was the use of physical restraint considered necessary? |
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Serious and imminent risk to the safety of the student or any other person – describe |
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Any other comments |
Complete the form above and email it to the Ministry of Education at physical.restraint@education.govt.nz. Provide a copy to the employer (board of trustees, sponsor of a partnership school kura hourua, or manager of a private school)
Note: The information in this form may be the subject of requests made under the Privacy Act 1993 and the Official Information Act 1982.
Appendix 3: Staff reflection form
Describe what was happening before the behaviour started to escalate. What was the student doing? What do you think might have triggered the behaviour? How were other students reacting to the student?
What did you notice about the student’s behaviour that alerted you that they were struggling to cope? Think about the way they looked, for example facial expressions, physical signs, language.
Describe the alternative techniques and interventions tried to prevent the emergency, including a description of the de-escalation strategies you used. What was the response from the student?
Describe the nature of the physical restraint. Include the type of hold and number of people required.
Describe how the student’s physical and emotional distress was monitored while they were restrained.
Describe the mood of the student following the restraint. What help and support were they offered?
What could be done differently in the future to prevent the need for restraint?
How are you feeling and what support do you need? How about others?
Signature of person who applied the restraint |
Signatures of any staff witnesses |
Note: The information in this form may be the subject of requests made under the Privacy Act 1993 and the Official Information Act 1982.
Date of incident |
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Date of debriefing |
Time of debriefing |
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Names of the people at the debriefing |
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Findings of debriefing |
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Next steps/actions |
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Principal or Principal’s delegate signature |
Note: The information in this form may be the subject of requests made under the Privacy Act 1993 and the Official Information Act 1982.
Date of incident |
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Date of debriefing |
Time of debriefing |
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Names of the people at the debriefing |
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Findings of debriefing |
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Parent or caregiver – comments and suggestions |
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Student – comments and suggestions |
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Next steps/actions agreed |
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Signatures |
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Principal or Principal’s delegate: |
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Parents or caregivers: |
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Student: |
Note: The information in this form may be the subject of requests made under the Privacy Act 1993 and the Official Information Act 1982.
1. The reporting requirement is made in accordance with Rule 8(2) of the Education (Physical Restraint) Rules 2017.
2. The reporting requirement is made in accordance with Rule 8(1) of the Education (Physical Restraint) Rules 2017.