Reg 35 restraint records: the 24-hour, 48-hour and 5-day rules

The three timescales

Regulation 35(3) of the Children's Homes (England) Regulations 2015 applies every time a measure of control, discipline or restraint is used on a child.

• Within 24 hours: a record is made of the measure.
• Within 48 hours: the registered person, or someone they authorise, speaks to the person who used the measure and signs the record to confirm it is accurate.
• Within 5 days: the registered person, or someone they authorise, adds confirmation to the record that they have spoken to the child about it.

What the record must contain

The regulation lists what the record must include. In plain terms: the child's name; what the child did that led to the measure; the date, time and place; what was done and for how long; what staff tried first to avoid it; who used it and who else was there; how well it worked and what followed; and any injury or medical treatment.

Who can sign

The duty sits with the registered person, who can authorise someone else. In practice that means the registered manager, plus a named deputy or senior for the days the manager is away. Write down who that is. An inspector will ask who signs at 48 hours when you are on leave.

The exception

Regulation 35(4) says the timescales do not apply to restraint that is planned or routinely provided for in a child's education, health and care plan or statement of special educational needs.

Make it routine

• Check every new record at handover, so nothing waits for the manager's next shift.
• Keep a simple tracker: date used, 48-hour sign-off date, 5-day child conversation date.
• Review patterns every month by child, staff member, time and place, then change practice and check it worked.
• Physical intervention training itself comes only from your home's own certified provider.

Questions

This guide explains the law in plain English. It is not legal advice, and your home's policy may set tighter timescales.