Restraint law under cloud as kids left to trash classes
Principals want review and minister agrees ‘balance is not quite right’
Some children are being left to trash classrooms because teachers are unsure of their right to restrain students following a law change.
Principals are calling for an urgent review of new rules — and Education Minister Chris Hipkins has told the Weekend Herald he is open to that, saying “the balance is not quite right”.
Whetu Cormick, president of the NZ Principals’ Federation, said the rules rolled out last year had led some teachers to question their right to restrain students.
“[Students] might be throwing chairs at big-screen TVs and smashing windows, and all teachers are now doing is taking the rest of the kids away and leaving the child to trash the room.
“And we have been told by the ministry to leave them to it. So property doesn’t matter. Whereas in the past you would step in immediately to restrain . . . or remove that child.”
Under rules introduced in August last year schools must file incident reports to the Ministry of Education and notify parents and boards of trustees every time a student is physically restrained.
Figures provided to the Weekend Herald under the Official Information Act show more than 700 restraint incidents have been reported and those overwhelmingly relate to younger children — just 12 per cent involved a student aged 13 or older.
A teacher can restrain a student if he or she reasonably believes there is a serious and imminent risk to the safety of the student or others, such as when fights occur or if a student has a weapon or is throwing furniture close to other students.
Guidelines have been issued to schools and training is being rolled out, but Cormick said some teachers were taking a “hands off ” approach.
“Each time a child is restrained the principal has to fill out a form and send it to the ministry . . . and if somebody complains to the Education Council, a parent for example, or goes to the police . . . then before you know it the teacher is in court or is being censured.”
Kevin Bush, Auckland Primary Principals’ Association president and principal of Te Hihi School, said he also knew of cases where school property had been damaged, but he was also concerned that minor cases of physical contact apparently required a restraint report.
Some new entrants tried to run after their parents when they were dropped at the school gate, for example.
“The parents ask the teacher, ‘Can you just hold my child until I leave’. According to the Ministry guidelines . . . that is restraint. That is just ridiculous.”
Guidelines given to schools
include examples of when restraint shouldn’t be used, including to stop a student damaging property. However, restraint could be appropriate if there is a serious risk to safety such as if furniture is thrown or glass broken close to other students.
Examples provided of acceptable physical contact that is not restraint include holding the hand of a young student who is happy to have their hand held for a short time, and temporary contact like an open hand on the arm to remove a student to a safer place.
A law change under the previous National Government banned the use of seclusion in schools and early childhood centres, and created a legal framework for the use of restraint — using physical force to prevent, restrict or subdue the movement of a student.
Then-Education Minister Hekia Parata moved to end seclusion after a Herald investigation revealed at least
10 children had been locked up as punishment at Miramar Central School.
The Education Act now states when restraint can be used, rules set out notification and reporting requirements, and statutory guidelines have been given to schools.
Hipkins was on a select committee that heard submissions about the law change, and said since then he had “thought that the balance is not quite right”.
“Based on the evidence I’ve seen, I’ve been open to reviewing it. The Education Council has offered to lead a discussion with the profession on this issue and I am encouraging them to do so.”
National’s education spokeswoman Nikki Kaye said work was needed to clarify if there were issues with either the law, or the guidelines.
Since August last year until November, 705 restraint incidents have been notified to the Ministry of Education.
Of those cases, 294 were carried out by a staff member who had not received training on how to use restraint. The vast majority occurred in primary schools, with just eight incidents involving 15-year-olds, four involving 16-year-olds, one incident with a 17-year-old and three with
18-year-olds.
By ethnicity, 269 Pakeha children were restrained, 181 Maori, 41 Pasifika and 20 Asian.