Restraint, Restrictive Practice and Deprivation of Liberty in Children's Homes
The definitive guide to Regulation 20 of the Children's Homes (England) Regulations 2015. What restraint legally means, when it can be used, necessity and...
Regulation 20 permits restraint only to prevent injury to any person, to prevent serious damage to property, or, in a secure children's home only, to prevent a child from absconding. Restraint means use of force or restriction of liberty of movement, so it is wider than a physical hold. It must be necessary and proportionate. Deprivation of liberty is a separate legal question that may require court authorisation, and the 2026 Supreme Court judgment replaced the old acid test with a multifactorial assessment.
In this guide
- What restraint legally means under Regulation 2, including why it is wider than a physical hold
- The three permitted purposes for restraint under Regulation 20 and the secure home distinction for absconding
- How to assess necessity, proportionality, and least restrictive practice
- The full range of restrictive practice beyond physical restraint, including environmental restrictions, supervision, equipment, and isolation
- The 2026 Supreme Court judgment on deprivation of liberty and what it means for children's homes
- How to prevent restraint through understanding the child, de-escalation, and relational practice
- What to do during an incident, including the restraint decision process and particularly sensitive practices
- How to respond after restraint, including checking for injury, speaking to the child, debriefing staff, and repairing relationships
- The Regulation 35 recording requirements and management review within 48 hours
- How leaders should monitor patterns, analyse trends, and use Regulation 44 and 45 scrutiny
- How to use the Hub tools: Restraint Decision Check, Post-Incident Child Conversation, Management Review, Restrictive Practice Register, Pattern Review, Deprivation of Liberty Check, Restriction Reduction Review, and Regulation 20 Audit
As at 22 August 2026, Regulation 20 of the Children's Homes (England) Regulations 2015 permits restraint only to prevent injury to any person, to prevent serious damage to property, or, in a secure children's home only, to prevent a child from absconding. Restraint means the use of force or restriction of liberty of movement. The Supreme Court judgment of 2 June 2026 replaced the Cheshire West 2014 acid test with a multifactorial assessment for deprivation of liberty, giving significant weight to the child's wishes and feelings. Ofsted's SCCIF was updated on 1 April 2026 and its Positive Environments guidance continues to frame restraint as a last resort, used for the shortest possible time, never as punishment.
Quick answer
What restraint actually means
Many staff think of restraint as a physical hold. The law is broader than that. Regulation 2 of the Children's Homes (England) Regulations 2015 defines restraint as the use of force or restriction of liberty of movement. This means restraint includes any situation where staff use force, but also any arrangement that restricts a child's freedom to move.
What the Regulations say
This matters because staff may not realise that an arrangement they see as ordinary care is actually a restriction of liberty of movement. A child who cannot leave a room because staff are blocking the door is being restrained, even if no physical hold is used. A child who cannot go to the kitchen because it is always locked is subject to a restrictive practice, even if no individual incident occurs.
Hub Practical Guidance
Appropriate supportive touch is different. Children may need a hand held, a hug, physical reassurance, support walking, or ordinary human contact. Ofsted expressly says its guidance is not intended to prevent appropriate supportive touch. The distinction is consent and purpose: supportive touch is offered and accepted, not imposed to control movement.
When restraint can lawfully be used
Regulation 20 sets out the only purposes for which restraint may be used. There are three, and the third applies only in a secure children's home.
Regulation 20: the three permitted purposes
Preventing injury
This can include preventing injury to the child or to any other person. Potential examples include imminent assault, serious self-harm, running into dangerous traffic, use of a weapon, or a situation where someone is about to be seriously hurt. The injury must be a real and immediate risk, not a theoretical possibility.
Preventing serious damage to property
Regulation 20 allows restraint where necessary to prevent serious damage to property. The word serious matters. A child throwing a cushion, slamming a bedroom door, knocking over a plastic chair, or tearing a poster does not automatically meet this threshold. Ask whether physical restraint is really necessary to prevent serious damage, and whether a less restrictive response would work.
What the Statutory Guide says
Preventing absconding: the secure home distinction
Regulation 20 specifically allows restraint to prevent absconding only where the child is accommodated in a secure children's home. This wording is crucial. It means that in an ordinary, non-secure children's home, a child leaving the home does not, by itself, give staff a standalone power to physically stop them leaving.
Important: leaving the home is not a standalone power to restrain
In a secure children's home, the position is different. Regulation 20(c) gives staff a specific power to restrain to prevent absconding, because the child is lawfully detained in a secure setting. But even in a secure home, the restraint must still be necessary and proportionate.
A child trying to leave means we can automatically restrain them.
In a non-secure children's home, leaving is not a standalone Regulation 20 ground. Staff must identify a permitted purpose, most commonly a real and immediate risk of injury. A child walking out of the front door calmly does not automatically create that risk. A child running towards a motorway may create an injury risk that justifies restraint under the preventing injury purpose.
If no physical hold was used, it cannot be restrictive practice.
Restraint means use of force or restriction of liberty of movement. Blocking a doorway, standing in front of a child, removing access to a room, or using equipment to prevent movement can all be restrictive practice. The form of the intervention matters less than its effect on the child's freedom to move.
Necessity, proportionality and least restrictive practice
Even where a permitted purpose exists, restraint must also be necessary and proportionate. These are separate tests and both must be satisfied.
Necessary means necessary
Ask: did we actually have to use restraint? Could staff instead have moved other children, removed the object, created space, reduced demands, changed staff, used humour, offered regulation, allowed time, or used a different approach? If a less restrictive option was available and would have worked, the restraint was not necessary.
Proportionate means proportionate to the actual risk
Two incidents: a child throws a cushion, and a child is attempting to stab another person. The same level of physical intervention cannot be justified for both. Ask: what was the actual risk? What level of response was needed to address that specific risk? Did the intervention go beyond what was needed?
What Ofsted expects
Least restrictive practice
The principle of least restrictive practice means choosing the response that restricts the child's freedom as little as possible while keeping everyone safe. This is not just about physical restraint. It applies to environmental restrictions, supervision levels, locked areas, and any arrangement that limits a child's choices. Ofsted expects restrictive approaches to be regularly reviewed and reduced wherever possible.
Child-centred questionHas this restriction remained in place because it is still necessary, or because it has become routine?
Restrictive practice beyond physical restraint
Restrictive practice is broader than restraint. It includes any arrangement that limits a child's choices, movement, or freedom. Understanding the full range of restrictive practice helps leaders identify restrictions that may have become routine without being questioned.
Environmental restrictions
Locked kitchens, locked lounges, high door handles, bedroom-door alarms, sensor mats, and restricted access to rooms or spaces can all be restrictive practice. Ofsted specifically identifies routine locking of common areas such as kitchens and lounges as a blanket approach that inspectors should question. Ask: is this restriction necessary for each child? Is it reviewed? Could a less restrictive approach achieve the same safety?
Supervision and observation
Constant observation, line-of-sight supervision, and high staffing ratios can be restrictive if they prevent a child from moving freely or having privacy. Ofsted tells inspectors to question intrusive observation and to consider whether less restrictive approaches are possible. Supervision levels should be based on individual risk assessment, not applied as a blanket rule.
Equipment and physical arrangements
Specialist equipment might increase comfort, support posture, help sensory regulation, or enable independence. But if a child cannot leave or stop using it freely, the arrangement may become restrictive. High bed sides, door alarms, and equipment that prevents movement should be properly planned and regularly reviewed. Purpose matters: equipment used to support a child is different from equipment used to prevent a child moving because staff find movement difficult to manage.
Isolation, separation and time out
Terms vary: time out, quiet time, chill-out, separation, managing away, isolation, seclusion. Do not decide whether practice is acceptable based on what staff call it. Ask: could the child leave? Did they believe they could leave? Was anyone preventing them? How long did it last? Ofsted emphasises that children's actual experience matters more than terminology and says long-term isolation and segregation are never acceptable.
Hub Practical Guidance
If staff are trained in a technique, using it is automatically lawful.
Training in a physical intervention technique is not a complete defence. Even if a technique is taught, the staff member must still justify why restraint was necessary, why that level of force was proportionate, and why a less restrictive approach was not available. A trained technique used without a Regulation 20 purpose is not lawful restraint.
Deprivation of liberty
Deprivation of liberty is a separate legal question from restraint. A child may be deprived of liberty by the cumulative effect of multiple restrictions, even if no single restriction looks like deprivation on its own. Deprivation of liberty may require court authorisation, depending on the child's circumstances and the nature of the restrictions.
The 2026 legal position
What the multifactorial assessment considers
The 2026 judgment says the assessment must consider: the type of restrictions, the duration of those restrictions, the effects on the child, the manner of implementation, whether the child objects, how far removed the situation is from detention in a prison cell, the relative normality of the arrangements, and the purpose of the arrangement. Crucially, no single factor is determinative.
Wishes and feelings matter more
The 2026 judgment clarifies that a person's expression of their wishes and feelings carries significant weight. A child can give valid consent if they are conscious of their environment, have a basic level of understanding, and are capable of expressing a view that they accept or are happy with the situation. If there is serious doubt, no conclusion of valid consent can be drawn.
Court authorisation and what it means
Where a child is deprived of liberty, the deprivation must be authorised by a court order, typically through the Court of Protection or the High Court's inherent jurisdiction. A children's home cannot simply decide for itself that a child needs a deprivation of liberty authorisation. The court order makes the deprivation lawful and sets out the restrictions authorised.
Important: a court order is a maximum, not a care plan
A deprivation of liberty order means staff should use every restriction authorised.
The authorised restrictions are the maximum that may be used, not a requirement to use them all. A provider does not automatically have to impose every authorised restriction at all times. Where risk reduces and this is appropriately agreed, restrictions may be reduced. Care should still aim for the least restrictive safe practice.
When restrictions accumulate
One measure may not tell the whole story. Combine continuous supervision, locked external doors, staff escort everywhere, GPS monitoring, bedroom sensors, restrictions on leaving, physical blocking, and limited community access. Now ask: have we moved beyond ordinary care into a deprivation of liberty? That is a legal question requiring proper assessment and, where necessary, court authorisation.
Hub Practical Guidance
Before restraint: prevention, de-escalation and relational practice
Ofsted's approach begins before any incident. The question is not only whether restraint was lawful, but whether it could have been prevented. Restraint should never become ordinary routine practice. This chapter gives substantial prominence to the work that reduces the need for restraint in the first place.
Understanding the child
Staff should understand each child's triggers, communication, history, trauma, sensory needs, and attachment patterns. Potential triggers may include raised voices, particular words, feeling cornered, multiple adults approaching, unexpected touch, certain workers, changes in routine, sensory overload, or reminders of past experiences. A care plan that says use approved restraint technique if a child becomes aggressive is not enough. Ask: what happens before aggression?
Behaviour is communication
Ofsted's Positive Environments guidance starts from the principle that all behaviour communicates something. Staff need to ask: what is happening? What triggered this? What does the child need? What are they trying to tell us? The goal is not simply to stop the behaviour. The longer-term question is why the behaviour is happening and what can change to reduce it.
De-escalation and co-regulation
Not every child responds to calm down. In fact, that phrase may make things worse. One child may need space. Another may need one trusted adult. Another may need movement, quiet, music, or clear expectations. De-escalation is individual. It requires staff to read the child's early signs: pacing, withdrawing, stopping talking, rocking, repeating phrases, clenching fists, becoming sarcastic, raising voice, or checking exits.
Staff should control themselves first. De-escalation becomes difficult when staff are angry, embarrassed, threatened, frustrated, shouting, or trying to win. A worker's emotional regulation is part of de-escalation. Staff swapping can be excellent practice: a worker realises we are escalating each other and another trusted worker takes over. That is not failure. It can be professional judgement.
Environmental and routine factors
Sometimes the environment or routine is part of the problem. Noise levels, crowding, lack of privacy, unpredictable changes, unmet sensory needs, or a mismatch between demands and the child's capacity can all contribute. Review the environment and routine alongside the individual behaviour support plan. Reducing environmental stress may reduce the need for restraint.
Child-centred questionWhat was happening for this child before the incident?
During an incident
When an incident occurs, staff must make rapid decisions. The following process is a conceptual guide to the decision-making, not a substitute for training or for the full legal explanation in the rest of this resource.
Particularly sensitive places and practices
Ofsted identifies certain practices that should prompt particular professional curiosity: restraint in bedrooms or on beds, prone holds, taking children to the floor, and ground holds. These are not automatically unlawful, but they carry higher risk and require stronger justification. Long restraints are a warning sign: the longer the restraint, the more important the questions about why it was still needed.
What Ofsted expects
Lots of staff can make an incident worse
One worker is involved, then two, then four, then the manager, then everyone is talking. A frightened child may experience being surrounded. Ofsted identifies high numbers of staff involved in an incident as a factor inspectors will explore. More staff does not mean safer. Sometimes the best decision is to reduce the number of adults present.
A child swears and calls a worker an offensive name. That is unpleasant, but it is not necessarily imminent injury. Adults working in residential childcare need the capacity to separate offence from danger. Responding to verbal abuse with physical restraint is likely to be disproportionate and potentially unlawful.
After restraint: child, staff and management response
The restraint is not over when the physical intervention ends. The post-incident response is as important as the intervention itself. It includes caring for the child, checking for injury, debriefing staff, repairing relationships, and beginning the management review.
Check for injury
If restraint results in bruising, cuts, breathing difficulty, head impact, pain, loss of consciousness, or any other injury, the response must not stop with incident form completed. The child may need medical attention. Unusual bruising needs safeguarding thinking. An allegation from the child changes the pathway and may engage Regulation 40 notification duties.
Speak to the child
The child must be spoken to after the incident. A child may have experienced the incident completely differently from the staff involved. They may have been frightened, in pain, or confused. They may have information that changes the understanding of what happened. Do not make the debrief another confrontation. Approach with curiosity, not judgement.
Hub Practical Guidance
Child-centred questionCould this have been prevented without restraint?
Staff debrief
Staff need debrief too. A worker who has been involved in a difficult restraint may be shaken, hurt, angry, or unsure whether they did the right thing. A debrief that only asks whether the paperwork is complete misses the point. Ask: what happened? What did we do well? What could we do differently? Does anyone need support?
Repair the relationship
A legal restraint can still damage the relationship between the child and staff. Do not assume that because the restraint was lawful, the relationship is unaffected. The child may need reassurance, explanation, and time. The staff member may need support to process the incident and re-engage with the child positively.
Recording, review and Regulation 35
Regulation 35 sets out the recording requirements for children's homes. Restraint and restrictive practice must be recorded, reviewed, and monitored. Good recording is not just about compliance. It is about understanding patterns, identifying learning, and reducing the need for restraint over time.
What the Regulations require
Record what happened before the restraint
The antecedents matter. What was happening before the incident? Who was present? What triggered the escalation? What de-escalation was attempted? A record that only says child became aggressive and staff restrained is not enough. Without the before, it is impossible to identify patterns or learning.
Record duration accurately
How long did the restraint last? Vague estimates like a few minutes are not sufficient. Accurate duration helps identify long restraints that need additional scrutiny and helps track patterns over time.
Management review within 48 hours
The DfE Guide expects management review of restraint incidents, typically within 48 hours. The review should ask whether the restraint was lawful, whether it was good practice, whether the child is okay, whether staff need support, and what should change to reduce the likelihood of recurrence.
What the Statutory Guide says
No injury means the restraint does not need proper review.
The absence of physical injury does not mean the restraint was appropriate or that review is unnecessary. A restraint that caused no physical harm may still have been unnecessary, disproportionate, or poorly managed. Review every restraint, regardless of outcome, to check legality, proportionality, and learning.
Leadership, monitoring and Ofsted
Leadership oversight of restraint and restrictive practice is a core responsibility of Registered Managers and Responsible Individuals. Ofsted will look at patterns, not just individual incidents. A home that restrains frequently but never asks why is a concern, even if each individual restraint appears lawful.
Pattern and trend analysis
Look at patterns across the home: which children are restrained most often? Which staff are involved most often? What times of day? What days of the week? What locations? What are the common triggers? Are incidents reducing or increasing? A manager who cannot answer these questions does not have adequate oversight.
Individual staff patterns
If one staff member is involved in significantly more restraints than others, ask why. It may be that they work the most challenging shifts. It may be that they are better at de-escalation and are called in for the hardest incidents. But it may also be that their approach is contributing to escalation. Individual staff patterns should be reviewed with curiosity, not assumption.
Regulation 44 and Regulation 45 scrutiny
Regulation 44 independent visitors should be examining restraint records and children's experiences. Regulation 45 quality of care reviews should analyse restraint patterns and identify themes. If the Regulation 44 visitor and the Regulation 45 review are not seeing the same themes as management, that is a signal to look harder.
What Ofsted expects
Training and culture
Training is essential, but culture matters more. A provider who says all staff are restraint trained has met a baseline. Inspectors will also ask: how often do they use it? Why? With whom? Which staff? Are incidents reducing? A strong training programme develops skills in communication, recognising triggers, de-escalation, risk assessment, safe disengagement, reflection, and child-specific strategies. There is no magic Ofsted-approved restraint course. Competency matters more than certificates.
Child-centred questionWhat can we change so this is less likely to happen again?
Tools, audit and practical checks
The following tools are Hub Practical Guidance. They are designed to help managers and staff perform real tasks: making decisions, reviewing incidents, tracking patterns, and auditing the overall system. They are not Ofsted prescribed forms.
- Is there a Regulation 20 permitted purpose? (injury / serious property damage / absconding in a secure home)
- Is the restraint necessary? Could a less restrictive response work?
- Is the restraint proportionate to the actual risk?
- Is this the least restrictive safe response?
- Have we stopped as soon as the immediate risk reduced?
- Are we using a practice that needs particular scrutiny? (bedroom, floor, prone, long duration, pain, neck)
- Is the child physically okay? Any injury? Medical attention needed?
- Does the child feel safe now?
- What does the child remember about what happened?
- What was happening for the child before the incident?
- Does the child have anything they want to say about how staff responded?
- What would help the child next time they feel like this?
- Was the restraint lawful? (Regulation 20 purpose, necessary, proportionate)
- Was it good practice? (least restrictive, shortest duration, de-escalation attempted)
- Was the child's view sought and recorded?
- Are there any injuries or allegations requiring further action?
- Does the behaviour support plan need updating?
- Does the risk assessment need updating?
- What learning has been identified?
- What will change to reduce the likelihood of recurrence?
- Child
- Restriction (e.g. locked kitchen, constant supervision, bedroom alarm, equipment)
- Legal basis (care plan, court order, risk assessment)
- Date implemented
- Review date
- Exit plan
- Who approved it
- Total restraints this month / quarter / year
- Restraints by child (who is restrained most often?)
- Restraints by staff member (who is involved most often?)
- Restraints by time of day and day of week
- Restraints by location (communal area, bedroom, outside)
- Common triggers
- Trend: increasing, decreasing, or stable?
- What does the pattern tell us about what needs to change?
- List every restriction currently in place for this child
- Is there a court order in place? Which court? What date? What expiry or review?
- What specific restrictions does the order authorise?
- Are we using every authorised restriction, or only those currently necessary?
- Has the child's wishes and feelings about the restrictions been sought and recorded?
- Could any restriction be reduced or removed?
- Does the cumulative picture potentially amount to deprivation of liberty?
- If yes, has legal advice been sought?
- List all restrictions in the Restrictive Practice Register
- For each: is it still necessary? When was it last reviewed?
- Has the child's risk profile changed since it was implemented?
- Could a less restrictive approach achieve the same safety?
- What would need to happen before this restriction could be reduced or removed?
- Who needs to be involved in the decision to reduce it?
- Do we know what Regulation 20 permits and what it does not?
- Do staff understand that restraint is wider than a physical hold?
- Do staff understand the absconding distinction between secure and non-secure homes?
- Is every restraint recorded with before, during, and after detail?
- Is every restraint management-reviewed within 48 hours?
- Are children's views sought and recorded after every incident?
- Are patterns analysed and acted upon?
- Are restrictions reviewed and reduced wherever possible?
- Is deprivation of liberty properly assessed and, where required, court-authorised?
- Does the home understand the 2026 Supreme Court judgment on deprivation of liberty?
Sanctions, consequences and Regulation 19
Restraint is not a consequence. The Hub's guide to Regulation 19 explains what disciplinary measures are prohibited and how sanctions should be restorative.
Positive Behaviour Support
Prevention and de-escalation come before restraint. The Hub's practical companion guide covers behaviour plans, co-regulation and restorative conversations.
Privacy, bedrooms, searches and Regulation 21
Restrictive practice and privacy intersect. The Hub's guide to Regulation 21 covers privacy, access restrictions and the four tests for any limitation.
Monitoring, surveillance and Regulation 24
Environmental restrictions and surveillance are forms of restrictive practice. The Hub's guide to Regulation 24 covers CCTV, door alarms and the four statutory tests.
Regulation 40 serious incident notifications
Restraint incidents may trigger Regulation 40 notification duties. The Hub's guide explains when and how to notify Ofsted of serious incidents.
Key takeaways
- 01Restraint means use of force or restriction of liberty of movement. It is wider than a physical hold and includes blocking movement, environmental restrictions, and equipment that prevents a child moving freely.
- 02Regulation 20 permits restraint only to prevent injury, prevent serious damage to property, or, in a secure children's home only, prevent absconding. In every case it must be necessary and proportionate.
- 03In a non-secure home, a child leaving does not automatically create a power to restrain. Staff must identify a permitted purpose, most commonly a real and immediate risk of injury.
- 04The 2026 Supreme Court replaced the Cheshire West acid test with a multifactorial assessment for deprivation of liberty. The child's wishes and feelings carry significant weight. No single factor is determinative.
- 05A deprivation of liberty order authorises the maximum restrictions that may be used. It does not require staff to use every authorised restriction at all times. Care should aim for the least restrictive safe practice.
- 06Prevention and de-escalation are more important than physical technique. Understanding the child, reading early signs, and using individual de-escalation reduces the need for restraint.
- 07Every restraint must be recorded with before, during, and after detail, management-reviewed within 48 hours, and analysed for patterns. A home that restrains frequently but never asks why is a concern.
Related resources
Guides and tools that connect to this one.
Restraint and Restrictive Practice: Practical Scenarios and Incident Reference
The practical companion to the Regulation 20 guide. Worked scenarios for common situations, the incident response sequence, a physical intervention ri…
Sanctions, Consequences, Rewards & Prohibited Measures: Regulation 19
The canonical guide to Regulation 19 of the Children's Homes (England) Regulations 2015. Covers the legal framework, the ten prohibited disciplinary m…
Privacy, Bedrooms, Personal Space, Searches & Access Restrictions in Children's Homes: Regulation 21, Bedroom Privacy, Room Searches, Possessions, Locked Areas, Dignity, Restrictions & Ofsted Expectations
A practical guide to Regulation 21 in children's homes in England, covering privacy, bedrooms, personal space, possessions, staff entering bedrooms, r…
Regulation 11: The Positive Relationships Standard : Trust, Behaviour, Boundaries, Conflict, Friendships & Enduring Relationships
A practical guide to Regulation 11, the Positive Relationships Standard, covering trust, behaviour as communication, boundaries, de-escalation, restor…
Positive Behaviour Support in Children's Homes: Relationships, De-escalation & Behaviour Plans
A practical guide to positive behaviour support in children's homes in England, covering behaviour as communication, trauma-aware and attachment-aware…
What to do next
Sources and further reading
This guidance references the following official sources. Always consult the underlying legislation and official guidance where appropriate.
Legislation
Legislation · Legislation · Regulation 35
Accessed 2026-08-11
Human Rights Act 1998 — Article 8 (right to respect for private and family life, the home and correspondence)
Legislation · Legislation
Accessed 2026-08-11
Children's Homes (England) Regulations 2015 — Regulation 20 (Restraint) and Regulations 19, 35
Legislation · Legislation · Regulations 19, 20, 35
Accessed 2026-08-11
Ofsted guidance
Social Care Common Inspection Framework (SCCIF) for children's homes (updated 1 April 2026) — children's experiences, individualised care, children's views, rights, safeguarding, the Human Rights Act, and leadership
Ofsted · Ofsted Guidance
Accessed 2026-08-11
Government guidance
Department for Education · Government Guidance · Regulation 20
Accessed 2026-08-11
About this guidance
The Children's Home Hub aims to make regulatory and operational information easier to understand and use. This page is an independent summary and does not replace the underlying legislation, statutory guidance or official Ofsted guidance. Where a topic has legal or regulatory implications, you should consult the original sources listed above and seek professional advice where appropriate.
