Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 On appeal from [2014] CSIH 76 - 10 February 2016

It might have implications for schools and residential homes where staff are at risk from bites, blows and kicks from children and young people. This case involved a member of staff who slipped on an icy path but the logic could be applied to all protective equipment.

The Challenging Behaviour Foundation have produced a position statement regarding Restrictive Physical Interventions for Children and Young People that Team Teach almost fully agrees with as accurate and helpful. We have written to them offering our support, in particular with regard to the information that are distributing concerning "face down" positions. You can find their statement by copying and pasting the following link:

http://www.challengingbehaviour.org.uk/learning-disability assets/statementonrestrictivephysicalinterventionswithchildren.pdf

The serious case review into abuse at Winterbourne View recommended that supine restraint should be banned, not prone. This has not stopped training organisations who use supine holds campaigning for a ban on prone restraints, which they do not use. Prone has never been banned.

In November 2015 a High Court judgement was announced concerning a 14-year-old boy, known as AB. It ruled that any deprivation of liberty of a child who is subject to a care order must have legal authorisation.

This information is kindly provided by Bernard Allen. He is an expert witness with ten years experience who has provided liability reports for courts in England, Wales and Scotland. He is on the register of expert witnesses and has been endorsed by a number of leading law firms and QCs