Sanctions

REGULATIONS AND STANDARDS

Positive Relationships Standard
Regulation 11

RELEVANT CHAPTER

Care and Control Policy

AMENDMENT

This chapter was updated in May 2018 and should be re-read.



Contents

  1. Approved and Non Approved Sanctions
  2. Informing Children
  3. When Sanctions may be Imposed
  4. Monitoring and Recording use of Sanctions

    Appendix 1: Non Approved Sanctions


1. Approved and Non Approved Sanctions

The Sanctions that are approved are listed below, for a list of Non Approved Sanctions, see Appendix 1: Non Approved Sanctions.

The following restrictions, if placed upon a child, are deemed to be a Sanction and must be recorded as such:

  1. The confiscation or withdrawal of a telephone, mobile 'phone, facilities to send and receive post and email for the purpose of safeguarding or promoting the welfare of the child. In such circumstances the Registered Person must gain the consent of the child’s local authority to impose the measure or if it imposed in an emergency then full details are given to the placing authority within 24 hours of its imposition;
  2. The requirement for a child to go to bed up to one hour before the normal time;
  3. The 'grounding' of a child within the home. Although 'grounded', a child may only be prevented from leaving the home by the use of Physical Intervention in certain circumstances. See Use of Restraint and Physical Interventions Procedures;
  4. Preventing a child from being carried in a vehicle; a 'Car Ban'; if a car ban is in place staff must take children on essential journey's e.g. to visit parents, with the authority of the Director, and after consultation of the child's Behaviour Management Plan and their Risk Assessment; and in consultation with the placing authority;
  5. Any restriction on the normal use of or undertaking of Activities or Leisure pursuits, including withdrawal of items such as games consoles, which should be agreed with the Director;
  6. Loss of privileges or any requirement on a child to undertake additional/extra household chores or tasks;
  7. The payment of pocket money by way of  reparation for example for damage to property. Children may only be required to pay a maximum of 2/3 pocket money up to a maximum of six weeks. NB: Imposing any financial penalty other than for the requirement for the payment of a reasonable sum by way of instalments for the purpose of reparation is not permitted;
  8. Reparation in the form of  helping to repair the damage or discussing the incident;
  9. Fines imposed by the court.


2. Informing Children

Children should be informed about the range of sanctions that may be imposed upon them and the possible circumstances which may result in sanctions.

This information must be provided in a Children's Guide or outlined in the Placement Plan.


3. When Sanctions may be Imposed

Only Approved Sanctions may be imposed, as a negative consequence for unacceptable behaviour.

Sanctions may only be imposed as a last resort with the intention of encouraging acceptable behaviour or acting as a disincentive for unacceptable behaviour.

Sanctions must never be imposed simply as a consequence of unacceptable behaviour.

Caution should be exercised to ensure that sanctions do not act as positive re-enforcement of unacceptable behaviour.

Before any sanction is imposed staff must be satisfied of the following:

  1. That the child was capable of behaving acceptably and understands what was required of him/her;
  2. Other encouraging and rewarding strategies have not worked or would not work in the circumstances;
  3. The sanction imposed is relevant, fair and must last no longer than is absolutely necessary;
  4. There is a view that the sanction may encourage acceptable behaviour or act as a disincentive.


4. Monitoring and Recording use of Sanctions

The Director/Registered Manager must monitor and review the use of sanctions and be satisfied that they are used appropriately.

Sanctions should be an effective tool and any review must take into account the effectiveness of the sanction imposed, the Director/Registered manager must ensure that if sanctions prove ineffective then other alternative methods are applied.

Sanctions must be noted in the Sanctions Log Book, signed and dated and in an individual child's Daily Record.

The Sanctions Log Book is available to Regulation 44 visitors and the Registered Provider Ofsted Inspector.

Disciplinary action may be taken against staff who do not act in accordance with this procedure.


Appendix 1: Non Approved Sanctions

The following sanctions are not approved/prohibited:-

1. Any form of corporal punishment;
2. Any punishment relating to the consumption or deprivation of food or drink;
3.

Any restriction, other than one imposed by a court, on a young person's contact with or visits to/from their parents, relatives or friends. Young people must be allowed access to a telephone help-line providing counselling for children and restriction may also not be made on communication with:

  • Any solicitor or other adviser or Advocate acting for the child;
  • Any officer of the Children and Family Court Advisory and Support Service appointed for them;
  • Any social worker for the time being assigned to the young person by their Placing Authority;
  • Any person appointed in respect of a Complaints or Child Protection Investigation;
  • Any person appointed as an Independent Visitor for a young person;
  • Any person undertaking an inspection on behalf of the Regulatory Authority or authorised by them to visit/meet the young person;
  • Any person authorised by the local authority in whose area the children's home is situated.
4. Withholding basic items of clothing or requiring that the young person wear distinctive or inappropriate clothes (except when required for educational purposes or special activities);
5. The use or withholding of medication, medical or dental treatment;
6. The intentional deprivation of sleep;
7. The imposition of financial penalty (except by way of reparation);
8. Any intimate physical examination of the young person;
9. The withholding of any aids or equipment needed by a Disabled Child;
10. Any measure which involves another young person in the imposition of any measure against another young person or the punishment of a group of young people for the behaviour of an individual.