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:
We’ll reflect in the final guidelines:
Keep updated on next steps.
Kia ora and welcome to the consultation on the draft rules and guidelines on physical restraint.
We know happy, healthy children who feel safe learn better. We have heard from schools, parents, whānau, and the disability community that the current rules and guidelines on physical restraint need to provide more practical guidance and clarity about when physical restraint can be used and how to prevent it, to better protect children and young people from harm.
The Physical Restraint Advisory Group (the Advisory Group) was established in September 2020 to help the Ministry of Education update the rules and guidelines following changes to the law around the use of physical restraint in the Education and Training Act 2020. The Advisory Group includes representatives of parents, the education sector and disability communities.
The Advisory Group has proposed a new draft set of rules and guidelines. We want to hear from schools, kura, teachers, non-teaching staff, learning support specialists, disabled people, children and young people and their parents and whānau about whether these new draft rules and guidelines will work, what changes might be needed, and whether there are any gaps or other issues that need considering.
Submissions are open from 23 November 2021 until 3 April 2022. When the survey period has closed, the Ministry will work with the Advisory Group to consider everyone’s feedback before finalising the rules and guidelines for publication.
Consultation on the draft rules and guidelines on physical restraint closed on 3 April 2022. Visit this page to learn about the next steps we are taking to minimise the use of physical restraint in New Zealand schools and kura.
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