The Law

This page is here for all Employers / Employees. Please read carefully and ask yourself 4 simple question to see if you or your staff are at risk.

The BTEC Awards in Physical Restraint and Breakaway and Self-Defence that we provide as a Licensed Centre of NFPS Ltd have both been legally audited by a Barrister at Law (CBE). In addition all of the training offered complies with the Convention standards as required by the Human Rights Act 1998. In addition, both BTEC Awards have also been subject to a full Health and Safety review and are underpinned and supported by thorough risk assessments, making them possibly some of the most legally accurate and competent courses available in the UK today.

In addition to that, not only do you gain Qualifying Accreditation and Certification, you also gain a BTEC Level 2 Award Certificate in (for example) Physical Restraint / Intervention.

Q1 Is your current Training Provider legally accurate?

Q1 (a) And can the Training Proivder prove it?

Q2 Can your current Training Proivder give you a National Qualification?

Q2 (a) Has your current Training Provider had a full Health & Safety review of there courses by a Barrister?

Health and Safety at Work Act

General duties of employers to their employees.

2. (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

2. (2) Without prejudice to the generality of an employer's duty under the preceding subsection, the matters to which that duty extends include in particular the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;

arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees; so far as is reasonably practicable as regards any place of work under the employer's control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;

the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work. Read more

Human Rights Act

Article 2 The Right to Life

1 Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

2 Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

Manual Handling Regs

These regulations seek to reduce the very large incidence of injury and ill-health arising from the manual handling of loads at work. More than 1 in 4 of all reportable injuries are caused by manual handling. These accidents do not include cumulative injuries, particularly to the back which can lead to physical implement or even permanent disablement.

DUTIES OF EMPLOYEES (REG. 5)

25 The employee's duty under reg. 5 extends only to a system of work properly provided. If employers do not fulfil their duty under reg. 4 (1) (b) (ii) , eg because the system of work is not 'appropriate', their employees are under no obligation to follow it. The provision should not be seen as a bar to well-intentioned Improvisation, eg in dealing with an emergency for which no prior provision could reasonably be made.

26 The employee's duty is in addition to that under reg. 12 of the MHSW Regulations which requires the use of machinery and equipment provided, such as handling aids, in accordance with the training and/or instruction given by the employer. Read more

Criminal Law Act 1967 Section 3

"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."

'Reasonable Force' A person may use such force as is reasonable in the circumstances for the purposes of:

self-defence; or
defence of another; or
defence of property; or
prevention of crime; or
lawful arrest.

In assessing the reasonableness of the force used, prosecutors should ask two questions: was the use of force justified in the circumstances, i.e. was there a need for any force at all? and was the force used excessive in the circumstances?

Education Act 1996

Section 550A of the Education Act 1996 set out the position about the use of physical force by teachers and others authorised by the Head teacher of a school to control or restrain pupils. It states principles derived from common law and statute which have, in the past, been misunderstood.

For example there is a common misconception that since the Children Act 1989, any physical contact with a child is in some way unlawful. This is not true.

Where necessary reasonable force, that is reasonable in the circumstances, can be used to control or restrain pupils. Section 550A, states that force and restraint may be used to prevent a pupil from doing, or continuing to do, any of the following:

committing a criminal offence;
injuring themselves or others;
causing damage to property (including the pupil's own property);
engaging in behaviour prejudicial to maintaining good order and discipline at the school or among any of its pupils, whether that behaviour occurs in a classroom during a teaching session, or elsewhere.

Schools’ policies must reflect that the use of force should never be a punitive action or seen by pupils, staff or parents as part of a school's disciplinary approach or policy.

AUTHORISED STAFF The Act allows all teachers at a school to use force reasonable in the circumstances to control or restrain pupils. It also allows other people to do so, in the same way as teachers, providing they have been authorised by the Headteacher to have control or charge of pupils. Those might include classroom assistants, care workers, midday supervisors. specialist support assistants, escorts, care takers or voluntary helpers, including people accompanying pupils on visits, exchanges or holidays organised by the school. Any staff including teachers should receive training in the use of reasonable force

The Headteacher should inform explicitly the people concerned and ensure that they are aware of, and properly understand, what the authorisation entails. It is recommended that no authority should be given by Headteachers to staff or helpers, other than teachers, without the people receiving training, or guidance from a senior member of the teaching staff. School policies should indicate the basis on which staff are authorised, who they are, and what training they have received and will continue to receive.

Be alert, Be aware, Be alive.