Consultation on physical restraint rules and guidelines

The Ministry published the draft rules and guidelines for minimising the use of physical restraint in registered schools on 23 November 2021 alongside an online survey. These draft rules and guidelines were developed by the Physical Restraint Advisory Group following changes to the framework for using physical restraint in The Education and Training Act 2020.

In our consultation we asked whether the new draft rules and guidelines would work, what changes might be needed, and whether there were any gaps or other issues that need considering.

Read the initial consultation paper [PDF, 573 KB]

We received 267 responses from individuals and organisations, including parents, whānau and caregivers, teachers, principals and learning support specialists.

It’s clear that physical restraint is a complex area for school communities to navigate, but that schools, teachers and support staff want to do right by their learners and whānau. In general, the rules and guidelines are seen as helpful and needed and the preventative approach is appreciated. It was clear through the feedback that we need to look at how the rules and guidelines are applied in practice.

The guidelines need to better reflect a te ao Māori and disability view and they need some clearer definitions around what emotional distress is. They could also do with some more examples of context where physical contact is appropriate so that teachers know what they can do as well as what they can’t do.

The rules and guidelines are well positioned in terms of the emphasis on prevention and the contribution of school culture, leadership and environment in minimising the use of restraint, though there are those who strongly object to any use of physical restraint in schools.

Read the Consultation submissions summary [PDF, 1.3 MB].

We’re currently developing translations and accessible formats of this report.

We’re using your feedback to clarify the rules and reshape the guidelines. We’ll also carry what we’ve heard from you into the planning for training for schools.

We’ll clarify in the final rules:

• that school policies are to focus on reducing student distress and the use of physical restraint
• that incidents of physical restraint can be reported to the Ministry using the new online form
• when and how parents should be involved in debriefing after an incident of physical restraint.

We’ll reflect in the final guidelines:

• a te ao Māori view of school as a place of shelter, with an integrated network of support to nurture ākonga potential
• a strong focus on inclusive school cultures that promote wellbeing and minimise the need for physical restraint
• broader definitions and examples of emotional distress
• broader definitions of physical restraint as it relates to denying or removing mobility equipment and communication devices
• a format that is less complex and more practical and readable.

Keep updated on next steps.