Safeguarding and promoting children's welfare
General requirement
Children's behaviour must be managed effectively and in a manner appropriate for their stage of development and particular individual needs. [1.3]
Specific legal requirements
Behaviour management
Providers must not give corporal punishment to a child for whom they provide early years provision and, so far as it is reasonably practicable, shall ensure that corporal punishment is not given to any such child by:
- any person who cares for, or who is in regular contact with, children;
- any person living or working on the premises.
An early years provider who, without reasonable excuse, fails to comply with this requirement, commits an offence.
A person shall not be taken to have given corporal punishment in breach of the above if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death of, any person (including the child).
Providers must not threaten corporal punishment, nor use or threaten any form of punishment which could have an adverse impact on the child's well-being.
Statutory guidance to which providers should have regard
Physical intervention should only be used to manage a child's behaviour if it is necessary to prevent personal injury to the child, other children or an adult, to prevent serious damage to property, or in what would reasonably be regarded as exceptional circumstances. Any occasion where physical intervention is used to manage a child's behaviour should be recorded and parents should be informed about it on the same day.
Except in childminding settings, a named practitioner should be responsible for behaviour management issues. They should be supported in acquiring the skills to provide guidance to other staff and to access expert advice if ordinary methods are not effective with a particular child.
