Positive handling is a blanket term for supportive strategies that are implemented to manage difficult behaviour. Part of this policy includes several responses on how to deal with challenging behaviour using force or control to restrain an individual. This policy can be applied to support staff in schools, police officers, nursing home attendants or any other position in which you are supervising an individual or group of people. For many, this can be a traumatic event so contacting Accident Advice Helpline for positive handling injury advice can help you receive the compensation you deserve to assist with that trauma. You can contact an advisor on the free 24-hour helpline by dialling 0333 500 0993 from your mobile phone or texting claim365 to 88010. Our solicitors manage the cases on a no-win, no-fee basis, so call today.
What constitutes positive handling?
There have been many cases over the years that involve citizens in positions of authority in which the question has been raised as to what constitutes positive handling and where the line is drawn for brutality. The latter indicates intentionally used excessive force to control behaviour. When a positive handling injury claim is conducted, the legal professional typically considers the following:
- The nature and degree of the injury
- Whether force was justified during the situation
- The seriousness of the behavioural challenge
- If the individual was resisting
- Training that the authority figure had undergone
Positive handling strategies dictate that force should only be used as a last resort and not as an initial thought. Unfortunately, sometimes support staff or the misbehaving party can lose control, thus resulting in injuries.
When should reasonable force be used?
Reasonable force can prevent the individual from injuring him or herself, causing disorder or damaging property. In most schools, nursing homes, etc., the power is given to the staff to use in their best judgement. If can also be applied to unpaid volunteers or parents who are accompanying other students during an organised visit.
How to know when physical intervention is reasonable?
The decision for physical involvement is left up to the professional judgement of the support staff. Whether the force applied was reasonable depends on the circumstances. The use of force is reasonable if it is proportionate to the consequences that it is attempting to prevent. Therefore, the degree of force should not be any more than required for the target outcome. Support staff should be completely backed by their senior leaders when force is required for behavioural challenges.
In some cases, if an incident gets out of hand, one of the two or many people involved can become injured. Any time that force is being used for restraint or control, there is a risk of injury to the parties involved. If this does occur it is critical to call a legal professional to see if you can make a positive handling personal injury claim.
Positive handling injuries can be tricky cases when attempting to submit a personal injury claim. Therefore, it is always advisable to contact one of the many trained advisors at Accident Advice Helpline to assist you with paperwork and inform you if there is the opportunity for compensation from your sustained injuries. If you decide to further pursue the claim, they can connect you one of many positive handling expert solicitors who can take the case to court.
Date Published: October 19, 2014
Author: David Brown