Responding to ākonga distress without restraint

The information on this page will help you think beyond the physical restraint rules and guidelines and focus on understanding, recognising and responding to ākonga distress at school.

Guidelines for responding to distress

New rules and guidelines on understanding ākonga distress and minimising the use of physical restraint in primary and secondary schools signal a fundamental change to the way schools think about ākonga and ākonga distress.

Education (Physical Restraint) Rules 2023 [PDF, 412 KB]

A guide to understanding distress and minimising the use of physical restraint [PDF, 13 MB]

The starting point is a firm belief that:

  • every ākonga has tapu, mana and potential
  • every ākonga deserves to be treated with respect and fairness regardless of age, disability or ethnicity.

This is not always the case in New Zealand right now, where restraint is being used disproportionately on ākonga Māori and disabled and younger ākonga.

The guidelines focus on understanding and addressing the factors that contribute to ākonga distress before restraint becomes the only alternative to keep ākonga (or others) safe. It provides a practical approach schools can use to address ākonga distress without resorting to restraint.

A practical approach: The three Rs

The guidelines provide a practical approach to recognising and responding to distress.

There are three Rs:

  • recognise | mātaitia
  • respond | atawhaitia
  • restore | whakawhenuatia.

This approach can be used in any challenging situation or incident, regardless of whether restraint has been used.

The three Rs are set out on pages 38-59 of the guidelines.

A guide to understanding distress and minimising the use of physical restraint [PDF, 13 MB]

Creating the guidelines

To create the guidelines, we went out to the public and held face-to-face interviews with ākonga and their families to understand more about the school experience through the eyes of ākonga. We asked about the things that made them feel included, empowered, safe and supported and the things that did the opposite.

The Ministry was part of an advisory group who worked closely with whānau and disability and education sector experts to develop workable guidelines for all primary and secondary schools.

Defining restraint

There are different ways of defining 'restraint' across New Zealand’s disability and education sectors.

We use the definition in the Education and Training Act 2020: "to use physical force to prevent, restrict, or subdue the movement of an ākonga (or any part of their body) against their will". 

There may be times when school staff need to use restraint to ensure ākonga safety (such as holding their arm to stop them running onto a road). The intention of the legislation is not to stop this kind of intervention, but to make sure school staff only use restraint when it is justified.

Justified and unjustified restraint

Restraint vs physical contact

The guidelines set out clear differences between restraint and the kinds of physical contact that are acceptable and important for the wellbeing, cognitive development and learning of ākonga. 

When restraint can be used

Restraint is and should always be a last resort. It causes harm and hurt and is used disproportionately on ākonga Māori and disabled and young ākonga.

Some school staff are permitted to use restraint, but it must meet 3 conditions specified by legislation.

Education and Training Act 2020: Limits on use of physical restraint – NZ Legislation(external link)

These conditions are:

  1. the restraint is necessary to prevent imminent harm, including significant emotional distress, to the ākonga or another person, and 
  2. you reasonably believe there is no other option available in the circumstances for preventing the harm, and 
  3. the restraint is reasonable and proportionate in the circumstances. 

If all conditions are met, the restraint is considered 'justified'.

Who can use restraint

The school staff who are permitted to use restraint are:

  • registered kaiako
  • any other supporting staff member who is part of a team supporting an ākonga with restraint as part of their support plan.

We call these people "authorised staff".

Being "authorised" by a school means they are authorised in writing by the board and have completed the mandatory online module as well as physical holds and releases training.

Staff training

Mandatory online module

The Physical Restraint module is compulsory for the following:

  • all registered kaiako
  • any other supporting staff member who is part of a team supporting an ākonga with restraint as part of their support plan.

Physical Restraint: Understanding the Rules and Guidelines – Education LMS(external link)

How to access the mandatory online module

Do I need training?

What is your role?

I am a registered kaiako

I am another member of staff (e.g. teacher aide)

Are you in a team
supporting an ākonga
who has restraint in
their support plan?

Yes No Yes No
Training required
  • Mandatory online
    module
  • Physical holds and releases training
Mandatory online module
  • Mandatory online
    module
  • Physical holds and releases training
None

Physical holds and releases training

As restraint is rarely used in schools, only a small number of people need to complete physical holds and releases training.

They are:

  • registered kaiako who are in a team supporting an ākonga with restraint as part of their support plan and
  • authorised staff members who are in a team supporting an ākonga with restraint as part of their support plan.

All existing training and support will continue to be available to schools. School staff no longer need to do Understanding Behaviour Responding Safely (UBRS) training before they can access physical holds and releases training.

Your local Te Mahau office can tell you more about who can access the physical holds and releases training and what training is available in your area. 

Local Ministry offices

Report incidents when they happen

It is important we have an accurate picture of when restraint is used so that schools can easily see trends or patterns emerging. We can work with the school to provide the support needed.

Schools can report incidents through the following:

You will need an Education Sector Logon (ESL). Your school's delegated authoriser will need to assign your ESL the role of “Physical restraint school user”.

Online incident training module and quick reference guide

To help you get into the portal, check out the online incident reporting training module and the quick reference guide.

Online incident reporting training module – Education LMS(external link)

Quick reference guide [PDF, 525 KB]

Contact for ESL questions

If you have any questions about your ESL, please call the Service Desk on 0800 422 599. 

Your school’s policy

All registered schools have a policy on reducing ākonga distress and the use of restraint, including a process for managing complaints.

The policy needs to be made available to anyone in the school community. It is also important school leaders and staff, parents, whānau and caregivers are clear on what is in it.

Last reviewed: Has this been useful? Give us your feedback