Complete GuideBehaviour & Relationships

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 measures,...

Last reviewed 2026-08-2218 min read
What you need to know

Are sanctions allowed in children's homes? Yes. Regulation 19 does not prohibit every consequence or sanction. But ten categories of measure can never be used as discipline: corporal punishment, food or drink punishment, punitive contact restrictions, medication as punishment, intentional sleep deprivation, financial penalties except reasonable reparation, intimate physical examinations, withholding disability aids, one child punishing another, and group punishment. Even where a measure is not expressly prohibited, it must not be excessive or unreasonable, and the statutory Guide expects sanctions to be restorative in nature.

In this guide

  • What Regulation 19 actually requires: no measure may be excessive or unreasonable, and ten prohibited measures cannot be used at all
  • Why not on the prohibited list does not mean therefore we can use it: the prohibited list is a floor, not a ceiling
  • Why the statutory Guide expects sanctions to be restorative in nature, helping children understand impact and repair harm
  • Each of the ten prohibited measures in detail, with the current legal text
  • How financial reparation works and why pocket money is not the home's disciplinary bank account
  • How phones, Wi-Fi and activities can be managed without breaching the prohibited list or the reasonableness test
  • Why rewards need thought and can create problems if used as bribery for basic rights
  • What makes a consequence excessive or unreasonable, and why consequence stacking is a problem
  • What Regulation 35 requires for behaviour management policies and recording, including the 24-hour, 48-hour and 5-day steps
  • How management review, repeated sanctions review and Ofsted scrutiny work together
  • Common misunderstandings about what staff can and cannot do under Regulation 19
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Quick answer and current position

Current Position

Regulation 19 of the Children's Homes (England) Regulations 2015 remains in force as originally made. No subsequent amendment has changed its wording. The regulation sets one overriding rule: no measure of control or discipline may be excessive, unreasonable or contrary to the prohibited list. It then lists ten categories of measure that can never be used as discipline. The statutory Guide (Department for Education, 2015) states that any sanctions used should be restorative in nature, helping children understand the impact of their behaviour and make reparation where appropriate. The current Ofsted SCCIF (1 April 2026) expects staff to understand children's experiences and behavioural triggers, set clear and consistent boundaries, promote positive behaviour, and use individualised de-escalation strategies. Verified as at 22 August 2026.

Yes, sanctions and consequences are allowed in children's homes. Regulation 19 does not prohibit every consequence or sanction. But certain disciplinary measures are completely prohibited, and even where a measure is not expressly prohibited, it must not be excessive or unreasonable. The statutory Guide expects sanctions to be restorative rather than purely punitive, helping children understand the impact of their behaviour and repair harm rather than simply making them suffer.

What the Regulations Say

The two-part test

Regulation 19 has two layers. First, no measure of control or discipline may be excessive or unreasonable. Second, ten specific categories of measure can never be used as discipline at all. A measure that passes the prohibited list can still fail the excessive or unreasonable test.
Companion guide

Positive Behaviour Support in Children's Homes

This guide covers the legal framework for sanctions, consequences and prohibited measures. For the relational side of behaviour support, including de-escalation, co-regulation, behaviour plans and restorative conversations, read the practical companion guide.

Companion guide

Restraint, restrictive practice and Regulation 20

Sanctions and restraint are distinct legal frameworks. The Hub's guide to Regulation 20 explains when restraint is lawful, necessity and proportionality, and deprivation of liberty.

Related resources

Contact, communication and Regulation 22

Contact and communication cannot be restricted as a disciplinary measure. The Hub's guide to Regulation 22 explains the proper framework for contact restrictions.

Related resources

Regulation 40 serious incident notifications

Some behaviour incidents may trigger Regulation 40 notification duties. The Hub's guide explains when and how to notify Ofsted.

Related resources

Children's records and Regulation 36

Sanctions and consequences must be recorded under Regulation 35. The Hub's guide to Regulation 36 covers children's records and recording practice.

What Regulation 19 actually does

Regulation 19 sets the legal boundaries for behaviour management and discipline in children's homes in England. It does not tell homes what sanctions to use. It tells them what they cannot use and sets a general standard of reasonableness that every measure must meet.

The overriding rule

What the Regulations Say

Regulation 19(1) - the legal text

No measure of control or discipline which is excessive, unreasonable or contrary to paragraph (2) may be used in relation to any child.

This means every measure of control or discipline must pass two tests. It must not be excessive. It must not be unreasonable. And it must not fall within the prohibited list in paragraph (2). If it fails any one of these, it cannot be used.

What Regulation 19 does not do

Regulation 19 does not prescribe specific sanctions. It does not set a tariff of consequences. It does not say that particular behaviours must be met with particular responses. It does not require homes to use sanctions at all. It sets the floor, not the ceiling.

The statutory Guide fills in some of the practical expectations. It says sanctions should be restorative in nature, helping children understand the effect of their actions. It says homes should reward and celebrate positive behaviour. It says children should be involved and their rights upheld. But the Guide does not create new legal prohibitions beyond those in Regulation 19(2).

What the Statutory Guide Says

What the statutory Guide says

Any sanctions used should be restorative in nature and help children understand the impact of their behaviour on themselves, other children, staff and the wider community. Reparation may be supported. Behaviour management should sit in the context of positive relationships, understanding, dignity, kindness and respect. Staff should understand rewarding and celebrating positive behaviour.

The prohibited measures

Regulation 19(2) lists ten categories of measure that can never be used to discipline a child. These are absolute prohibitions. No circumstance makes them lawful as discipline. The list is reproduced here from the current legislation.

What the Regulations Say

Regulation 19(2) - the prohibited list

The following measures may not be used to discipline any child: (a) any form of corporal punishment; (b) any punishment involving the consumption or deprivation of food or drink; (c) any restriction, other than one imposed by a court or in accordance with regulation 22, on contact with parents, relatives or friends, visits, communications with persons listed in regulation 22(1), or access to counselling helplines; (d) the use or withholding of medication, or medical or dental treatment; (e) the intentional deprivation of sleep; (f) imposing a financial penalty, other than a requirement for the payment of a reasonable sum (which may be by instalments) by way of reparation; (g) any intimate physical examination; (h) withholding any aids or equipment needed by a disabled child; (i) any measure involving a child imposing any measure against another child; (j) any measure involving punishing a group of children for the behaviour of an individual child.

Each prohibited measure in plain English

(a) Corporal punishment

No form of physical punishment is permitted. This includes smacking, slapping, shaking, pinching, pulling hair or any other physical act intended to punish or cause discomfort. Physical intervention to prevent injury or serious damage to property is not corporal punishment and is governed by Regulation 20, not Regulation 19.

(b) Food and drink

No punishment may involve the consumption or deprivation of food or drink. This means you cannot make a child eat something as punishment, withhold meals or drinks as punishment, or use food as a reward or sanction in a way that amounts to punishment. Food is care, not a control system.

(c) Contact and communication

Contact with parents, relatives and friends, visits, communications with persons listed in Regulation 22(1), and access to counselling helplines cannot be restricted as punishment. The only exceptions are restrictions imposed by a court or made in accordance with Regulation 22. Safeguarding restrictions on contact are different from punitive restrictions and must not be disguised punishment.

(d) Medication and treatment

The use or withholding of medication, or medical or dental treatment, cannot be used as discipline. Healthcare is never earned through good behaviour. This prohibition does not prevent action by or under the instructions of a registered medical or dental practitioner necessary to protect the child's health.

(e) Sleep

The intentional deprivation of sleep is prohibited. You cannot deliberately keep a child awake as punishment. Routine bedtimes and sleep patterns are different from intentional sleep deprivation.

(f) Financial penalties

Financial penalties are prohibited except a requirement for the payment of a reasonable sum, which may be by instalments, by way of reparation. This means you cannot fine a child or impose arbitrary financial penalties. You can require reasonable reparation connected to actual harm caused, payable by instalments if needed.

(g) Intimate physical examinations

Any intimate physical examination is prohibited as a disciplinary measure. This does not prevent clinical examinations by qualified health professionals acting in a clinical capacity.

(h) Disability aids and equipment

Withholding any aids or equipment needed by a disabled child is prohibited. This includes communication aids, mobility equipment, sensory equipment and any other aid or equipment the child needs.

(i) Children punishing children

No measure may involve a child imposing any measure against another child. Children cannot be used as agents of discipline. Senior children should not become junior staff.

(j) Group punishment

No measure may involve punishing a group of children for the behaviour of an individual child. Group punishment is prohibited even when staff do not know which child was responsible.

Important

Not prohibited does not automatically mean appropriate

A measure not appearing on the prohibited list does not automatically mean it is reasonable, proportionate, child-centred, permitted in every circumstance, consistent with the child's care plan, or good practice. The excessive or unreasonable test in Regulation 19(1) applies to every measure, whether or not it is on the prohibited list. The statutory Guide expects sanctions to be restorative. A measure that is technically legal can still fail the reasonableness test and still fail the Guide's expectations.

Sanctions, consequences and restorative practice

The words sanction and consequence are often used interchangeably, but they carry different meanings. A sanction is an imposed penalty. A consequence is something that follows from behaviour, which may be natural, logical or restorative. The statutory Guide expects sanctions to be restorative in nature.

Natural consequences

Natural consequences follow from the behaviour without staff intervention. If a child breaks their own phone, they no longer have a working phone. If a child refuses to eat, they feel hungry. These are not sanctions. They are the natural results of the child's own choices. Staff may need to manage the impact, but the consequence itself is not imposed.

Logical consequences

Logical consequences are connected to the behaviour and imposed by staff, but they flow logically from what happened. If a child makes a mess, they help clean it up. If a child damages something, they contribute to repairing or replacing it. The connection between the behaviour and the consequence is clear and understandable.

Restorative consequences

Restorative consequences focus on repairing harm and helping the child understand the impact of their behaviour. The statutory Guide says sanctions should be restorative in nature, helping children understand the effect of their actions on themselves, other children, staff and the wider community. Reparation may be supported.

What the Statutory Guide Says

What the statutory Guide says about restorative practice

Sanctions should be restorative in nature and help children understand the impact of their behaviour on themselves, other children, staff and the wider community. Reparation may be supported. Behaviour management should sit in the context of positive relationships, understanding, dignity, kindness and respect.

Restorative does not mean forced apology

Restorative practice is not about forcing children to apologise. A forced apology is often meaningless and can make things worse. Restoration can take many forms: helping repair damage, acknowledging impact, making amends in a way that is meaningful to the child and those affected, or simply understanding what happened and why. Restoration may happen later when the child is ready, not immediately after the incident.

Never force victim and child together

Restorative conversations should never force a victim and a child together if either is not ready or if it would create risk. Restoration requires willingness and safety. If the child is not ready, or the other person does not want to participate, restoration can take a different form.

Scenario: the child who damages a mug

Situation

A child deliberately smashes a mug in the kitchen after an argument.

What staff did

Staff check whether anyone is hurt and ensure other children are safe. The child is given space to regulate. Later, when the child is calm, staff talk through what happened and why. The child helps clean up the broken mug and discusses what was underneath the behaviour.

Why it matters

The response is restorative. The child repairs the harm by helping clean up. The conversation helps the child understand the impact. No prohibited measure is used.

Better approach

Avoid imposing a financial penalty for a cheap mug. Avoid making the child pay from pocket money unless the child suggests it and the sum is reasonable. Focus on understanding, repair and prevention.

Financial reparation and children's money

Regulation 19(2)(f) prohibits financial penalties except a requirement for the payment of a reasonable sum, which may be by instalments, by way of reparation. This is a narrow exception to the general prohibition on financial penalties.

What reparation means

Reparation means the child contributes to repairing actual harm caused. It must be connected to the behaviour. It must be reasonable. It may be paid by instalments. It is not a fine. It is not an arbitrary penalty. It is not a standard deduction from pocket money whenever behaviour is poor.

What reparation is not

Reparation is not taking pocket money away whenever a child misbehaves. It is not deducting money for unrelated behaviours. It is not imposing a fixed tariff for particular behaviours. It is not creating hardship for the child.

What the Regulations Say

The legal text on financial penalties

Imposing a financial penalty, other than a requirement for the payment of a reasonable sum (which may be by instalments) by way of reparation, is prohibited.

Reasonableness and hardship

The sum must be reasonable. There is no fixed percentage in Regulation 19. What is reasonable depends on the harm caused, the child's age and understanding, and the child's financial circumstances. Reparation should not create hardship. If the child has very little money, a token sum or non-financial reparation may be more appropriate.

Pocket money and governance

Pocket money is the child's money. It should not become the home's disciplinary bank account. If reparation is required from pocket money, it should be a reasonable sum, connected to actual harm, payable by instalments if needed, and recorded. Routine deductions from pocket money for general poor behaviour are not reparation and are likely to be excessive or unreasonable.

Scenario: serious property damage

Situation

A child deliberately causes significant damage to their bedroom during an incident, breaking a window and damaging furniture.

What staff did

Staff ensure everyone is safe. The incident is managed as a behaviour and safeguarding matter. The damage is recorded and photographed. The child is given time to regulate. Later, the manager considers whether reparation is appropriate, what sum is reasonable, whether instalments are needed, and whether non-financial reparation would be more meaningful.

Why it matters

Reparation must be reasonable and connected to actual harm. Serious damage may justify a higher sum, but the child's circumstances matter. Instalments are explicitly permitted.

Better approach

Do not automatically deduct a large sum from pocket money. Do not deduct money for unrelated behaviours. Consider whether the child can afford it, whether instalments are needed, and whether repairing the damage alongside staff would be more restorative than a financial penalty.

Phones, Wi-Fi, activities and privileges

Questions about phones, Wi-Fi, activities and privileges are among the most common in children's homes. These are not on the prohibited list, but they are subject to the excessive or unreasonable test and the statutory Guide's restorative expectation.

Phones

A phone is not on the prohibited list. But contact and communication are protected under Regulation 19(2)(c) and Regulation 22. Removing a phone as punishment may restrict contact with family and access to helplines, which is prohibited. A phone can be managed as a boundary issue, but it cannot be used as a punitive sanction if doing so restricts protected contact.

Important

Phone restrictions and protected contact

If removing a phone restricts the child's contact with parents, relatives or friends, or access to a counselling helpline, it may amount to a prohibited restriction on contact under Regulation 19(2)(c). The question is whether the restriction is a safeguarding measure made in accordance with Regulation 22 or a punitive sanction.

Wi-Fi

Wi-Fi is similar to phones. Withholding Wi-Fi as punishment may restrict contact and communication. It may also restrict access to education and support. If Wi-Fi is managed as a boundary, the restriction should be time-limited, explained, and not used to restrict protected contact.

Activities

Activities are not on the prohibited list. But cancelling activities as punishment may be excessive or unreasonable, particularly if the activity is part of the child's care plan, education, health or wellbeing. Activities can sometimes have genuine safety consequences, such as a child who has been violent not attending a group activity until risk is assessed. But cancelling activities as a standard sanction is likely to be excessive.

Is it a boundary or a punishment?

The key question is whether the restriction is a boundary or a punishment. A boundary is a proactive, consistent rule that protects the child and others. A punishment is a reactive penalty imposed after behaviour. Boundaries are more defensible than punishments, but even boundaries must not be excessive or unreasonable and must not restrict protected contact.

Scenario: phone misuse

Situation

A child is using their phone to send inappropriate messages to another child in the home.

What staff did

Staff assess the safeguarding risk. The phone may need to be managed temporarily to protect the other child. The restriction is a safeguarding measure, not a punishment. Staff talk to the child about what happened and why the restriction is needed. The restriction is time-limited and reviewed.

Why it matters

This is a safeguarding restriction made to protect another child, not a punitive sanction. It is connected to the behaviour and proportionate to the risk.

Better approach

Do not remove the phone indefinitely as punishment. Do not restrict contact with family. Focus on the specific risk, manage it, and restore the phone when safe.

Rewards and positive recognition

The statutory Guide expects homes to reward and celebrate positive behaviour. Rewards are not prohibited by Regulation 19. But rewards need thought to avoid creating problems of their own.

Rewards should not become bribery for basic rights

Rewards should not be used to purchase basic rights. Food, contact, activities and care should not be conditional on good behaviour. Rewards work best when they recognise genuine achievement and effort, not when they incentivise compliance with minimum expectations.

Beware resetting the chart

Token economies and reward charts can create problems if they are reset after a single incident. A child who has earned rewards all week and then loses everything after one incident may learn that effort does not matter. Rewards should not be used as a disguised sanction.

Incentives can still be useful

Incentives can be useful when they are genuine, proportionate and connected to the child's goals. The key is that rewards should add to the child's experience, not remove things the child is entitled to.

What the Statutory Guide Says

What the statutory Guide says about rewards

Staff should understand rewarding and celebrating positive behaviour. Behaviour management should sit in the context of positive relationships, understanding, dignity, kindness and respect.

When consequences become excessive or unreasonable

Even where a measure is not on the prohibited list, it must not be excessive or unreasonable. This is the overriding test in Regulation 19(1). A measure that is technically legal can still fail this test.

What makes a consequence excessive?

A consequence may be excessive if it is disproportionate to the behaviour, if it lasts too long, if it is repeated after it has stopped working, if it interferes with the child's rights or care plan, or if it causes more harm than it prevents.

What makes a consequence unreasonable?

A consequence may be unreasonable if it is not connected to the behaviour, if the child does not understand it, if it is imposed without considering the child's needs and history, if it is inconsistent with how other children are treated, or if it is driven by adult emotions rather than the child's needs.

Consequence stacking

Consequence stacking is when multiple consequences are imposed for a single incident. This is often excessive. If a child has already been supported through an incident and has repaired the harm, adding more consequences later is likely to be excessive and unreasonable.

Indefinite consequences create hopelessness

Consequences that are open-ended or indefinite create hopelessness. If a child cannot see when a consequence will end, there is no incentive to improve. Consequences should be time-limited, understandable and connected to the behaviour.

The principle

A measure that is technically legal can still be excessive or unreasonable. The prohibited list is a floor, not a ceiling.

Recording and Regulation 35

Regulation 35 requires homes to have a behaviour management policy and to record the use of measures of control, discipline and restraint. Recording is a legal requirement, not optional.

What the Regulations Say

Regulation 35(1) - the behaviour management policy

The registered person must prepare and implement a policy (the behaviour management policy) which sets out how appropriate behaviour is to be promoted in the children's home and the measures of control, discipline and restraint which may be used in relation to children in the home.

What must be recorded

Regulation 35(3) requires that within 24 hours of the use of a measure of control, discipline or restraint, a record is made which includes the child's name, details of the behaviour leading to the measure, the date time and location, a description of the measure and its duration, details of methods used to avoid the need for the measure, the name of the person who used the measure and others present, the effectiveness and consequences, and a description of any injury or medical treatment.

What the Regulations Say

Regulation 35(3) - the recording requirements

Within 24 hours: a record is made including the child's name, behaviour leading to the measure, date time and location, description and duration, methods used to avoid the measure, names of those involved, effectiveness and consequences, and any injury or medical treatment. Within 48 hours: the registered person or authorised person has spoken to the user and signed the record. Within 5 days: confirmation that they have spoken to the child about the measure.

The behaviour management policy

The behaviour management policy must set out how appropriate behaviour is promoted and what measures of control, discipline and restraint may be used. The policy should not just list punishments. It should reflect the restorative expectation in the statutory Guide and the positive behaviour support approach. The policy must be kept under review and revised where appropriate.

Sanctions need meaningful recording

Recording a sanction as a tick-box exercise does not meet the Regulation 35 standard. The record should show what happened, what was tried first, what was used, why, what happened next, and what the child's view was. This is the evidence that the measure was not excessive or unreasonable.

Management review and repeated sanctions

Regulation 35(3)(b) requires that within 48 hours of the use of a measure, the registered person or an authorised person has spoken to the staff member who used the measure and signed the record. This is a management review, not just a paperwork step.

The 48-hour management step

The 48-hour step is a safeguard. It ensures that every use of a measure is reviewed by someone with authority to challenge it. The manager should check whether the measure was necessary, proportionate, consistent with the behaviour management policy, and consistent with the child's care plan.

Speaking to the child

Regulation 35(3)(c) requires that within 5 days, the registered person or authorised person adds to the record confirmation that they have spoken to the child about the measure. The child's view matters. Ask the child whether the response felt fair. A sanction can technically end but relational damage can continue.

Repeated sanctions should trigger review

If the same sanction is being used repeatedly for the same behaviour, the sanction is not working. Repeated use of any sanction should trigger a management review of the behaviour management plan, not just more of the same response. If a consequence has been repeatedly ineffective, continuing to use it is likely to be unreasonable.

Measure effectiveness, not just compliance

The question is not whether the child complied with the consequence. The question is whether the approach is helping the child develop better regulation and behaviour over time. Sometimes the consequence causes worse behaviour. That is a sign the approach needs to change, not that the child needs more consequences.

Ofsted and external scrutiny

The current Ofsted SCCIF (1 April 2026) expects inspectors to focus on the experiences and progress of children, not just policies and paperwork. Inspectors look at how well children are helped and protected and the effectiveness of leaders and managers.

What Ofsted Expects

What Ofsted expects

Staff should understand children's experiences and behavioural triggers, set clear and consistent boundaries, promote positive behaviour, use individualised de-escalation strategies, and help children manage behaviour. Inspectors look at the impact of care and support on children's experiences and progress, not just whether records are complete.

Ofsted looks beyond the consequence sheet

Inspectors do not just check whether sanctions were recorded. They look at whether the overall approach is helping children. A home with perfect records but children who are not progressing is not meeting the standard. A home with some recording gaps but children who are thriving and can talk about their progress is in a stronger position.

Regulation 44 and 45 scrutiny

Regulation 44 independent visits and Regulation 45 quality of care reviews should examine behaviour management. The independent visitor and the registered person should look at whether the behaviour management approach is working, not just whether it is compliant. Patterns of repeated sanctions, high use of restraint, or children who are not progressing are all warning signs.

Police involvement and criminalisation

The statutory Guide says homes should agree police arrangements that minimise unnecessary criminalisation. Police should not become the behaviour management team. Calling the police to gain compliance is not appropriate. Serious incidents may require police involvement, but routine behaviour should be managed within the home.

Common misunderstandings

The following are genuine misunderstandings about what Regulation 19 allows and prohibits. Each is addressed against the current legal position.

Common misunderstanding

If it is not specifically prohibited by Regulation 19(2), staff can use it as a sanction.

Actual position

No. Regulation 19(1) prohibits any measure that is excessive or unreasonable, even if it is not on the prohibited list. The statutory Guide also expects sanctions to be restorative. A measure that is technically legal can still fail the reasonableness test.

Common misunderstanding

Pocket money can simply be taken away whenever behaviour is poor.

Actual position

No. Financial penalties are prohibited except reasonable reparation connected to actual harm, payable by instalments. Routine deductions from pocket money for general poor behaviour are not reparation and are likely to be excessive or unreasonable.

Common misunderstanding

Contact with family can be stopped as a punishment.

Actual position

No. Regulation 19(2)(c) prohibits restrictions on contact with parents, relatives and friends as punishment, except restrictions imposed by a court or made in accordance with Regulation 22. Safeguarding restrictions are different from punitive restrictions.

Common misunderstanding

Group consequences are fine if staff do not know who was responsible.

Actual position

No. Regulation 19(2)(j) prohibits punishing a group of children for the behaviour of an individual child. Not knowing who was responsible does not make group punishment lawful.

Common misunderstanding

A punishment that works is automatically acceptable.

Actual position

No. A measure that produces short-term compliance can still be excessive, unreasonable or inconsistent with the restorative expectation in the statutory Guide. Effectiveness does not override the legal tests.

Common misunderstanding

Rewards always improve behaviour.

Actual position

Not necessarily. Rewards can be useful, but they can also become bribery for basic rights, create dependency, or undermine intrinsic motivation. The statutory Guide expects rewarding and celebrating positive behaviour, not purchasing compliance.

Common misunderstanding

Forcing a child to apologise is restorative practice.

Actual position

No. Restorative practice is about helping children understand impact and repair harm. A forced apology is often meaningless and can make things worse. Restoration can take many forms and may happen later when the child is ready.

Common misunderstanding

Withholding Wi-Fi or phone is fine because they are not on the prohibited list.

Actual position

Not necessarily. Removing a phone or Wi-Fi may restrict contact with family and access to helplines, which is prohibited under Regulation 19(2)(c). Even where it does not restrict protected contact, it must not be excessive or unreasonable.

Tools and audit

The following tools are Hub Practical Guidance. They are designed to help managers and staff make decisions, review practice and audit the behaviour management system. They are not Ofsted prescribed forms.

Consequence decision check
  • What are we trying to achieve?
  • Is this measure prohibited under Regulation 19(2)?
  • Is it excessive or unreasonable under Regulation 19(1)?
  • Is it connected to what happened?
  • Is it proportionate to the behaviour?
  • Does it interfere with another right, care plan or protected contact?
  • What will the child learn from it?
  • Has this consequence been repeatedly ineffective?
  • Is there a restorative alternative?
Financial reparation check
  • Is this reparation connected to actual harm caused?
  • Is the sum reasonable given the harm and the child's circumstances?
  • Will it create hardship for the child?
  • Should it be paid by instalments?
  • Would non-financial reparation be more meaningful?
  • Has it been recorded with the reason and the amount?
  • Is this a one-off or is it becoming routine?
Repeated sanctions review
  • Which sanctions are being used most often?
  • Are the same sanctions being used for the same behaviour repeatedly?
  • Is the behaviour improving, staying the same or getting worse?
  • What is the child's view of the sanctions?
  • Are sanctions interfering with the child's care plan, education or contact?
  • What patterns are emerging across the home?
  • Does the behaviour management plan need to be revised?
Regulation 19 audit
  • Does the behaviour management policy set out how positive behaviour is promoted?
  • Does it list the measures of control, discipline and restraint that may be used?
  • Are all ten prohibited measures explicitly excluded?
  • Are sanctions restorative in nature, as the Guide expects?
  • Are records made within 24 hours with all Regulation 35(3) content?
  • Are records signed by the registered person or authorised person within 48 hours?
  • Is the child spoken to within 5 days?
  • Are repeated sanctions reviewed?
  • Are police involved only when genuinely necessary?
  • Does Regulation 44 examine behaviour management?
Behaviour management policy check
  • Does the policy promote positive behaviour, not just list punishments?
  • Does it reflect the restorative expectation in the statutory Guide?
  • Does it exclude all ten prohibited measures?
  • Does it address contact, phones and Wi-Fi specifically?
  • Does it address reparation and pocket money?
  • Does it address rewards and positive recognition?
  • Does it address group punishment and peer punishment?
  • Has it been reviewed and revised where appropriate?
Manager review tool
  • Was the measure necessary?
  • Was it proportionate to the behaviour?
  • Was it consistent with the behaviour management policy?
  • Was it consistent with the child's care plan?
  • Did it restrict protected contact?
  • Has the child been spoken to within 5 days?
  • Is this part of a pattern of repeated sanctions?
  • Does the behaviour management plan need to change?
Hub Practical Guidance

The principle to remember

Regulation 19 sets the floor, not the ceiling. The prohibited list is absolute. The excessive or unreasonable test applies to everything else. The statutory Guide expects restorative practice. The question is not just whether a measure is legal, but whether it is helping the child.

Key takeaways

  • 01Regulation 19(1) prohibits any measure that is excessive or unreasonable, even if it is not on the prohibited list
  • 02The ten prohibited measures in Regulation 19(2) are absolute: no circumstance makes them lawful as discipline
  • 03The statutory Guide expects sanctions to be restorative, not purely punitive
  • 04Financial penalties are prohibited except reasonable reparation connected to actual harm, payable by instalments
  • 05Contact with family and access to helplines cannot be restricted as punishment
  • 06Not prohibited does not automatically mean appropriate, reasonable or child-centred
  • 07Regulation 35 requires a behaviour management policy and detailed recording of all measures used
  • 08Repeated sanctions that are not working should trigger review, not more of the same response

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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

Ofsted guidance

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.