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Conflict Management & Breakaway Course Workbook

Provided for the use of………………………………………….…..who undertook the Conflict Management Course

provided by TIAA Learning Solutions on………………………..at………………………..…………………………………………

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Preface This workbook is intended for your use both during the Conflict Management & Breakaway course and as a reference document afterwards. It provides delegates attending the course with advice, guidance and information in the area of conflict management and the principles upon which it is based. This workbook is supplied to delegates prior to attending the course in order that they may use it to prepare for the discussions and exercises that are a fundamental part of the course. Please note this workbook is not an instruction manual but a guide or aide memoire for delegates. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission in writing of the copyright owners.

Copyright TIAA Ltd 2015.

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Contents Preface………………………………………………………………………...Page 1 Contents……………………………………………………………………….Page 2 Introduction……………………………………………………………………Page 3 Event Aims and Objectives………………………………………….............Page 3 Definition of Conflict…………………………………………………………..Page 4 Communication………………………………………………………………..Page 4 Non-Verbal Communication Exercise……………………………………....Page 6 Cultural awareness………………………………………………………..….Page 7 Transactional Analysis…………………………………………………….....Page 7 Barriers to Effective Communication………………………………………..Page 10 Communication Models………………………………………………...........Page 11 Active listening………………………………………………………………...Page 13 Knowledge check 1..………………………………………………………….Page 14 Attitude & Behaviour Cycle…………………………………………………..Page 16 Patterns of Behaviour………………………………………………………...Page 16 Impact Factors ….…………………………………………………………….Page 17 Warning and Danger Signs………………………………………………….Page 18 Distance & Reaction Gaps…………………………………………………..Page 19 The Law……………………………………………………………………….Page 20 Role of NHS Protect………………………………………………………….Page 26 Post Incident Considerations………………………………………………..Page 28 Knowledge check 2….. ………………..……………………………….……Page 29 Breakaway techniques……………………………………………………….Page 33 Conclusion…………………………………………………………………….Page 38 Sources of Reference……………………………………………………..…Page 39

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Introduction. This workbook and the course it accompanies recognises the need and legal duty to provide staff with a safe working environment. Assaults on staff members are unacceptable and unlawful. Aggressive physical contact should always be avoided; however it is acknowledged that this may not always be possible and circumstances are such that another person may make unwanted and aggressive physical contact with NHS staff. This course is part of a network of measures to reduce assaults and potentially violent incidents to a minimum.

Aims and Objectives of the Conflict Management & Breakaway course. To enable staff to recognise different aspects of conflict that they may encounter and to raise awareness and provide an understanding of the different methods to be employed in resolving conflict. To enable staff to release themselves and others from unwanted physical contact by the use of legally justifiable force. At the conclusion of the event delegates will be able to: -

Describe the common causes of conflict. Describe two forms of communication. Provide an example of how communication can breakdown. Describe a communication model that may be used to assist in resolving conflict. Describe patterns of behaviour that may be evident within a conflict situation. Give examples of different warning signs. Give examples of different danger signs. Give examples of impact factors. Describe the use of distance in a conflict situation. Explain the legal term ‘reasonable force’ as it applies to a conflict situation. Describe different methods for dealing with conflict situations. Describe avoidance strategies. Describe and utilise certain distraction techniques, including the power of voice. Identify the main areas of work and the objectives of NHS Protect. Explain the role of the Local Security Management Specialist (LSMS). Explain the role of the Security Management Director (SMD). Explain the role of the Senior Quality and Compliance Inspector (SQCI) and the

quality assurance programme. Explain the role of the Area Security Management Specialist (ASMS). Explain post incident considerations. Explain simple breakaway or physical disengagement methods and considerations.

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Definition of Conflict There are many definitions of the word conflict. Dictionary definitions include for example; “Opposition between ideas or interests, a struggle or battle, to be incompatible” (Collins English Dictionary)

‘Unfortunate coincidence or opposition, struggle, contest, war’ (Chambers English Dictionary)

Conflict does not always involve physical assaults. The majority of conflict situations are limited to verbal exchanges; however the impact of these types of exchanges should not be underestimated or minimised. The effects can be traumatic and long lasting. Please consider a time when you have been involved in a conflict situation at work or elsewhere, consider how you dealt with it and at the end of this course consider whether you would now deal with that situation differently. You will not be asked to discuss the situation during the event, if however you wish to share your experiences your contribution will be valued.

Communication

Body language, non-verbal communication, NVC’s whichever title you give it, it amounts to the same thing; our ability to pass a message or messages without the use of our voice. We have been using this skill for far longer than we have been using the ability to use language. We assign more value to non-verbal communication as it is far more difficult to deceive non-verbally than verbally.

COMMUNICATION

VERBAL

WORDS

7%

TONE

38%

NON-VERBAL

BODY LANGUAGE

55%

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For example, consider how you feel when a person is giving you their account of an event, but refuse to make or maintain eye contact. Eye contact is a form of non-verbal communication and one that many cultures place a great deal of reliance on to test honesty. Non-verbal communication is not an exact science, it must be viewed in context and allowance must be made for individual, cultural, and environmental factors. You may find it useful to write below some examples of non-verbal behaviour. When considering your examples what do you notice about them? How many of the examples you gave does a person have conscious control over? The lack of conscious control of non-verbal communication explains to a great degree why we place so much reliance on them. Consider the following scenario; You are asking a person about their previous employment, when answering they look at the ground, shuffle their feet, move their weight from one foot to the other, touch their face a lot and speak quietly. Imagine that happening, how are you feeling? Suspicious? Apprehensive? Cautious? Confused? Curious? Where do those feelings come from? These are all signs that we may ignore consciously but ‘see’ very clearly unconsciously. But we don’t just ‘see’ these signs we interpret them using our experience database, we assign value to them and we arrive at a conclusion. The interesting thing is that we are rarely wrong in our interpretation. Look at the pictures on the next page and write down what you think the person is ‘saying’ non-verbally.

Notes

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There are no right or wrong answers it is your interpretation based on your own unique life experiences.

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Cultural Awareness It is generally accepted that we live in a rich and widely diverse community. The wide variety of backgrounds means that expectations, values, beliefs and cultural norms will affect our ability to communicate effectively. It is therefore essential to take these factors into account when attempting to interpret non-verbal behaviour. Interpretation should be made in the wider context and an appreciation of differing cultures and lifestyles will significantly assist the communication process.

Transactional Analysis (TA) TA is a theory of communication developed in the 1950’s by a Canadian doctor, Eric Berne. He postulated that operating within each of us are three basic states. He named these ‘ego states’. We are constantly moving into and out of these states according to our needs. The ego states are; Parent Adult Child

It should be noted that these titles refer to the emotional and psychological state at any given moment and have no relationship to age, status, or family composition. The three ego states can be broken down further, for our purposes we need only move to the first level depicted below.

As the name suggests the theory deals with the analysis of transactions between people, the graphic on the next page illustrates this.

Ego States

Parent

Nurturing Critical

Adult Child

Adapted Free

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Person 1. Person 2. P P A A C C Where lines of communication are parallel the transaction is considered ‘complementary’, that is to say communication breakdown is unlikely. This does not mean the transaction is useful, healthy, or productive. Person one is occupying a parent ego state this can be evidenced by their choice of words, tonality and non-verbal communication. For example, one hand resting on their hip the other arm is raised up to their face looking at their watch. This person says; “What time do you call this? I have been waiting for twenty minutes. Do you own a watch?” By adopting this position person 1 is inviting person 2 to adopt a ‘complementary’ position. In the above example person 2 has accepted this invitation and has adopted the child ego state. They also demonstrate this by their choice of words, tonality and non-verbal communication. They will pull their eyebrows together, adopt a pleading expression and avoid eye contact and respond; “I’m really sorry. It’s not my fault; I did try and get here on time”. These are not healthy or productive positions for either person to adopt but it is unlikely to progress to conflict in the transaction. Consider what would have happened if person 2 had decided not to accept the invitation to adopt a complementary position but elected to respond from an adult ego state. This is depicted overleaf.

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Person 1. Person 2. P P A A C C The lines of communication have now crossed. As a consequence this is no longer a complementary transaction and communication breakdown is inevitable. Let’s look at our scenario again; Person 1 One hand resting on their hip the other arm is raised up to their face looking at their watch. This person says; “What time do you call this? I have been waiting for twenty minutes. Do you own a watch?” As outlined previously person 1 is inviting person 2 to adopt a ‘complementary’ position, however on this occasion the invitation is not accepted. Person 2 Adopts a conciliatory tone, smiles and says; “I am so sorry to keep you waiting. It was entirely my fault. I did not expect the traffic to be quite so bad”. Do you think having adopted the position they have that person 1 will accept this reply? There is every likelihood that they will say; “Well that’s as maybe but I have still been standing here waiting for you to turn up”. There is a strong possibility that this will degenerate into an argument. Persons adopting a critical parent position will display disciplinarian and judgmental behaviours. Common language will include the words “should”, “ought”, “and must”. Persons adopting a nurturing parent position will display guiding, caring, supportive, compassionate and consoling behaviours. Common language will include, “would you”, “could you”, “can I”, “shall we”. The adult ego state is the only state that cannot be broken down further. It is characterised by logical, reasonable, rational behaviours. Language will be considered, non-inflammatory, non-judgmental and even. Persons adopting an adapted child ego state will display manipulative behaviours and will attempt to appeal to a person’s emotional personality. Phrases like “Do I have to do it that

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way, can’t I just…” ”I was just wondering if it would be possible...” are associated with this particular ego state. Persons adopting a free child ego state will display spontaneity and creativity. “Great! That’s a brilliant idea!”, “Come on let’s go it’ll be fantastic!” are styles of language that may indicate a free child ego state. The most effective ego state from which to resolve conflict is adult. The traits associated with this state will be reason, negotiation, respect, logic. Finally consider what we mean when we say “Oh grow up”. “Oh well that’s mature”. “Act your age”. “Stop being so high and mighty”. Barriers to Effective Communication

Language Background noise Weather conditions Stress Alcohol Mental health Cultural differences Speaking too loud Speaking too quietly Emotional state Drugs Jargon Regional accents Not listening Time

You will, no doubt, be able to add to this list. Please add your own thoughts below. It should be remembered that there may be more than one barrier to effective communication in any given situation. It is important to recognise barriers when they arise and to reduce their effects whenever possible. Where the barrier cannot be avoided, or its effects lessened, it may be sufficient to simply verbally acknowledge them, for example, “I’m so sorry about the noise outside, however I am afraid there is nowhere else for us to go. I hope you don’t mind”.

Notes

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Communication Models The following models of communication are provided for your consideration. The PEACE model of communication is designed for those occasions where you have some prior warning of the potential for conflict, e.g. you have dealt with the individual on a previous occasion and the interaction became heated or the person became emotional. Preparation As you have the advantage of prior knowledge you can consider such factors as, where to hold the meeting. It is worth devoting some time considering this aspect. A meeting in an office is private but can feel intimidating to some people. Alternatively a meeting in a canteen or internet café would probably provide witnesses. Consideration should be given to all possibilities. No option should be dismissed simply because it has never been used before. Other considerations should be; ‘Do I want a witness / note taker’, ‘Do I have an easy means of exiting the location’. Personal safety is paramount. Engage/Explain.

This is a vital part of the process and must not be overlooked. However confrontational a person may be, it is essential to build a rapport. This may be as simple as saying; “Thank you for taking the time to come and see me today” or, “I hope you did not have too much trouble parking, I know how difficult it is to find a parking space”. By providing an explanation of the proceedings at the beginning many questions can be answered leaving the person to concentrate solely on what is being said. For example, “During our meeting I need to discuss……The meeting should take about…minutes…. I have asked…….to assist me by taking some notes, which you will of course, receive a copy of.’ Account. This is an opportunity for the other person to give their account of the matters in issue. It is very important that the listener does not interrupt or intervene when this account is being given as this is likely to provoke a reaction; it also provides an opportunity for the listener to gauge the emotional condition of the person. Ask for an account using an open question, i.e. not a question that can be answered with a “yes” or “no”. Beginning your question with “Tell me…”, or “Explain…”, or “Describe…” will always create an open question. Closure.

This relates to drawing the interaction to a structured conclusion. It is important to remember that following this encounter further conversations maybe necessary involving you or another staff member, this is an opportunity to leave an impression that makes the next encounter easier to deal with. Evaluation. This is the area most likely to be overlooked, but its importance must not be under-estimated. By evaluating the situation and the methods employed to resolve it, personal and professional development will take place and interpersonal skills will be improved. Resist the temptation to analyse every aspect of the encounter. Select two areas where you consider you did well and two areas where you think you could improve. Try to appreciate the interpersonal skills you already possess and set out to develop them further and accept there will always be areas for improvement.

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The LEAPS model of communication can assist to defuse a situation while presenting a professional image to the person concerned and any persons who may be witnessing the interaction. Listen. This refers to ‘active’ listening which is different to simply ‘hearing’. Active listening involves the use of para-language to provide the speaker with the reassurance that you are engaged. Examples of para-language include tilting the head slightly to one side, maintaining eye contact, slight nodding of the head, verbal reassurance can be provided by ‘ums’ and ‘ahs‘, words such as “Right”, “OK”, “I understand”, “I see”. This is referred to as ‘minimal encouragement’. These verbal and non-verbal cues tell the speaker that you are still listening and encourages them to continue. A section on ‘listening’ is included at the end of this ‘LEAPS’ model Empathise. It is worth considering the difference between ‘empathy’ and ‘sympathy’. Empathy is the ability to sense and appreciate another’s feelings. Sympathy is where another’s feelings are shared and agreed with. When empathy is provided ownership of the feelings remain with the other person, whereas when sympathy is provided the feelings are shared. A person in an emotional state who feels that they are being made to share their personal feelings may react very strongly. Consider the potential reaction when “I know how you feel” is said to a person who has suffered a recent bereavement. Ask. Having listened to the account given you may wish to explore, probe or clarify areas. Appropriately constructed questions may be put at this stage to meet these needs. Should the listener not appreciate or understand the relevance of your question or questions, provide an explanation i.e. “It may seem that some of the questions I am asking appear irrelevant, however please be assured they are important as I need to obtain as complete a picture as possible”. Paraphrase.

This is an efficient and effective method of checking understanding and of providing reassurance that the information supplied is important to the listener. This stage can be explained in a variety of ways for example, “I have listened to what you have said”. “Can I check with you that I have understood fully, if I get anything wrong just let me know. I believe you said….…” There is no need to repeat word for word what was said. The main or salient points should be detailed and understanding checked. Summarise.

This is the time to bring all the elements of the interaction together including a summary of the conversation, areas of agreement and disagreement, and any agreed course of action. The models are discussed in more detail on the course.

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Active Listening ‘Active listening’ is significantly different to simply ‘hearing’. Communication is a continual and complex process. Effective communication relies on a number of factors – listening features as a principal element of this process, Just ’hearing’ what someone is saying is not listening effectively to the information being given. A common but mistaken belief is that listening is like breathing; something we perform naturally. How would you rate your listening skills? The skills necessary to become an ‘active listener’ can be developed by employing all elements of the following model: Look interested Inquire with questions Stay on target Test your understanding Evaluate the message Neutralise your feelings ‘Active listening’ demonstrates interest in the speaker, and in what is being said. It also increases the prospect of accurately understanding the full message being transmitted, as attention will not only be directed at the words used but also the inflections, tonality, timbre, emphasis and stress will also be noted and referenced against the non-verbal cues that are also being transmitted.

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Let us now take the opportunity to review the subjects we have covered. This will take the form of a self test knowledge check. Please record your answers in the workbook. Answers are overleaf. Should you not achieve correct answers please revisit the relevant sections before progressing further with the workbook. Knowledge check 1 Communication is divided into two basic types. What are they? What is Transactional Analysis (TA)? In TA what are the three basic ‘ego states’? Provide four examples of barriers to communication. What do the letters that comprise the mnemonic PEACE represent? Why is ‘active listening’ an important skill?

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Answers to self test knowledge check (1). Communication is divided into two basic types what are they? Verbal Non-verbal What is Transactional Analysis (TA)?

A theory of communication developed by Dr. Eric Berne, in which he claimed we operate in three ego states. In TA what are the three basic ‘ego states’. Parent Adult Child Provide four examples of barriers to communication. Language; Background noise; Weather conditions; Stress; Alcohol; Mental health; Jargon; Regional accents; Not listening; Cultural differences; Speaking too loud; Speaking too quietly; Emotional state; Drugs; Time What do the letters that comprise the mnemonic PEACE represent? Plan / prepare Engage and explain Account Closure Evaluation Why is ‘active listening’ an important skill? ‘Active listening’ demonstrates interest in the speaker, and in what is being said. It also increases the prospect of accurately understanding the full message being transmitted, as attention will not only be directed at the words used but also the inflections, tonality, timbre, emphasis and stress will also be noted and referenced against the non-verbal cues that are also being transmitted. If you managed 100% - well done, feel free to progress to the next section. If not revisit the relevant section before moving on.

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Attitude and Behaviour Cycle This is a graphic illustration of a cycle of events that, if not recognised and interrupted, will inevitably escalate into conflict.

This cycle can only be broken by a person changing their attitude, as behaviour is directed by attitude. This is clearly, in many cases, easier said than done! Patterns of Behaviour A person’s behaviour in response to perceived stress can vary enormously, however certain patterns of behaviour are common and if recognised early can be curtailed or their effects lessened. Although the diagram shows a progression from Compliance to Serious or Aggravated Resistance individuals can move between behaviours without passing through previous ones or move straight to the most serious resistance in the first instance and without warning. Impact factors detailed on page 16 must be taken into account when considering whether to deal with another’s behaviour, personal safety always comes first. The characteristics of the behaviours will be discussed further during the course. Clearly Compliance is the ideal behaviour, whereas Aggressive or Aggravated Resistance would be behaviour that should be avoided.

Remember your personal safety is paramount.

My behaviour which affects

Your attitude

which affects

Your behaviour

which affects

My attitude

affects

Serious or Aggravated Resistance

Aggressive Resistance

Passive

Resistance

Verbal Resistance

Compliance

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Impact Factors These are features or factors that should be identified and taken into consideration when dealing with any confrontation or conflict situation. It must be remembered that impact factors relate both to you and the other person(s). Consider the following scenario; It is 9pm you have just finished a 12 hour working day. You are tired and have a severe back ache. As you approach your car a man walks up to you. You see from his facial expression that he is angry. He starts shouting at you. You smell alcohol on the man’s breath and he seems a little unsteady on his feet. The man is much taller than you, muscular and carrying a beer bottle, he has a scar on his face and very short cropped hair. He is stopping you from entering your car. What impact factors are present in his scenario? Write your answers below.

Notes

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Physical condition of self – Tired – Back ache Alcohol/Drugs Relative size and weight Weapon – beer bottle Consider your own working environment; what impact factors can you identify. Warning and Danger Signs The ability to recognise warning signs is vital to personal safety. Listed below are a selection of signs that may be displayed when a person is becoming angry or more angry.

Warning Signs Danger Signs

Direct, prolonged eye contact Fist clenching

Standing tall Lips tighten over teeth

Exaggerated movements Hands rise above the waist

Breathing rate increases Shoulders tense

Quick movements Stance moves from square to sideways

Shifting weight from one foot to the other Facial colour may pale

Where warning signs are being displayed it may still be possible to intervene and attempt to de-fuse the situation, however care should be exercised as it is very difficult to judge if and when a person will move on and display danger signs. If danger signs are displayed it is recommended that you withdraw and seek assistance from security staff or the police. It is important to note that a person may not display any warning signs before displaying danger signs. You may wish to make notes below.

Notes

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Distance and Reaction Gaps When dealing with people distance is an important factor. Our personal space is important to us, we place a value on it and therefore it can be used as a weapon to intimidate us. It is generally acknowledged that we have three areas of personal space around us at all times, these are; Intimate Zone An area approximately 18 inches and less from us where we are comfortable to admit close family and partners. Personal Zone

An area approximately 18 inches to 4 feet all around us where we are comfortable to admit people we know or are accustomed to. Social Zone

An area approximately 4 feet to 12 feet all around us where we are comfortable to admit people we don’t know. These zones are measured in general terms to allow for differences in personality and culture. As previously stated these demarcation zones are important to us, imagine how you would feel if a stranger moved to within 18 inches of you. Many sexual harassment cases have cited inappropriate proximity to support such a claim. A person hoping to intimidate need only move too close to cause us to feel uncomfortable. Consider the following as a means of combating this type of behaviour. In a voice that is slightly higher in volume than the normal, but without shouting, say “You are standing a little too close. I’m feeling uncomfortable I’ll stand over here”. Then move away a couple of paces. Notice the choice of words; you are stating facts as you see them. You are stating how you feel not how the person is making you feel. “You are making me feel uncomfortable”, could be interpreted as accusatory, and as a consequence increase the risk of conflict. Raising your voice slightly above the normal conversational volume serves to draw attention to you, should the situation escalate potential witnesses will already be looking in your direction. The Reaction Gap is the distance between you and another person that allows you time to observe, interpret and react to a developing situation. When in a situation that is or may become confrontational it is important, not only to establish a safe reaction gap but also to maintain it throughout the event. Remember your personal safety is paramount.

Generally the reaction gap should be no less than your extended reach and that of the other person. This should include weapons i.e. walking sticks, crutches, umbrellas etc.

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The Law

The law in the UK concerning self defence is well established. There are two areas of law that deal specifically with this issue; they are Common Law and Statute Law. It is accepted in Common Law that a person is entitled to defend themselves and others from assault. It is also accepted that it is not necessary to wait to be assaulted before a defence can begin. Put simply, if you honestly believe you are about to be attacked you can assault someone by pushing, tripping up, slapping or even punching if the circumstances justify such action and if your actions are necessary and reasonable. To justify such action in law the following must apply;

The amount of force used was reasonable

The force used was proportionate to the threat

The use of force was necessary

No other alternative was possible Consider the following scenarios;

1. Two men of equal height, weight and levels of fitness are arguing. Male A believes that if male B hit him he would lose the fight, so he punches male B first.

Could male 1 claim self defence in law?

2. Two men of equal height, weight and levels of fitness are arguing. Male A believes he is about to be punched. He punches male B causing him to fall to the floor. While on the floor male A hits male B again to prevent him getting up and continuing the fight.

Could male 1 claim self defence in law?

3. A male in a crowded pub continually offers to buy female drinks. These offers are declined. The male asks the woman several times for her phone number and offers to take her for a meal. All these approaches are rejected by the female. The male then leans forward and attempts to kiss the female. The female takes a can of hair spray from her bag and sprays the man in the face.

Does an assault take place? If so at what point? Can the male or the female claim self defence in law if an assault has taken place? Answers are shown overleaf.

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Scenarios

1. The impact factors are the same for both persons. Male A did not honestly believe he was about to be assaulted, he believed that IF he was punched he would lose a fight. He cannot claim self defence as he was not, at that point defending himself from a threat or a perceived threat of assault. His actions were not necessary or proportionate.

2. The impact factors are the same for both persons. Male A honestly believed he was

about to be assaulted. At the point of the first punch he may have been able to claim self defence. However there was no threat or perceived threat when male B was laying on the floor, therefore the assault in the form of the second punch, was not necessary or proportional to the threat and no claim for self defence could be made.

3. The gender of the two persons could be an impact factor, additionally in a pub there

are potentially any number of weapons. Technically an assault takes place when the male leans forward in an attempt to kiss the female. There need not be contact for an assault to take place, hence the term ‘assault AND battery’. It is necessary to consider if the force used by the female was reasonable and proportional to the threat or perceived threat. The female had a range of options to deal with this threat. For example, she could have walked away or sought help from a person in the pub. The amount of force she used to avert the threat was not proportional to the seriousness of the evil to be prevented. The force used was not necessary.

These examples are not intended to be definitive statements of fact in law. Each case must be tested on its individual merits. Assaults

What is an assault? There are many explanations of assault and often there is little dispute about what actually constitutes an assault. For our purposes we can use the two following definitions. ‘The intentional application of force to the person of another without their consent or the threat of such force whereby the person threatening has or causes the person threatening to believe he has the present ability to effect his purpose’ (The Offences

Against the Persons Act 1861)

‘An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force’. (Archbold 19-166 and 19-172) So it can be seen that from a legal theory point of view no contact is required for the offence to be complete, however for all practical purposes contact in some form is normally required.

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‘Use of force’ Section 3 Criminal Law Act 1967.

This states; ‘A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large’. Sec 3(1) Criminal Law Act 1967

You will note the word reasonable appears here again. What is reasonable in the circumstances will ultimately be a matter for a jury but we can again look to the law to provide some guidance. Consider the following scenario; You arrive back at your office after lunch. As you enter the office you see a male youth aged about 14 years searching through your colleague’s handbag which has been left on a nearby desk. The youth has his back to you. You decide to detain the youth and call the police. You approach this person from behind and pin his arms to his sides in a bear hug. You shout to another colleague and he calls the police. When the police arrive it is ascertained that the youth is the son of the colleague who owns the handbag and had permission to be in the office and to retrieve his mother’s bag. Have you assaulted the youth? Yes. Have you a defence in law? See below. ‘A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large’. You acted honestly and reasonably, and you used force that was reasonable and necessary to arrest a suspected offender. It is of no consequence that the person was innocent. The circumstances were such that a reasonable person would have believed a crime was being committed. Remember an assault is a crime; you may use ‘such force as is reasonable in the circumstances in the prevention of crime’.

Reasonable Force

So what then, is ‘reasonable force?’

The law states:

a person may use such force as is reasonable in the circumstances for the purposes of:

self-defence; or defence of another; or defence of property; or prevention of crime; or lawful arrest.

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Therefore the law permits an assault if it is used for one of the above purposes and if it is REASONABLE. When assessing the reasonableness of the force used, we need to ask two fundamental questions:

1. was the use of force necessary in the circumstances, i.e. was there a need for any force at all?

AND

2. was the force used proportionate in the circumstances?

Both questions must be answered on the facts as the person concerned honestly believed them to be. (R v Williams (G) 78 Cr. App R 276), (R v Oatbridge, 94 Cr App R 367) and (Archbold 19-49).

Let’s look first at necessity.

Was force necessary to;

1. Prevent or stop a crime. 2. Prevent or stop a breach of the peace. 3. Protect yourself or someone else from suffering some harm. 4. Prevent or stop the unlawful detention of yourself or another person. 5. Protect any property from unlawful damage, destruction or appropriation. 6. Prevent or stop some trespass to yourself or your property.

Many of the above overlap for example unlawful damage to property may also result in a breach of the peace, if someone if holding you against your will, perhaps by gripping your arm, they will be assaulting you and unlawfully detaining you. In these cases the use of force may be necessary.

Now let’s look at proportionality.

Was the necessary force used proportionate?

The law around this has developed over time and is still being developed. In general terms we can ask; was less harm caused, or likely to have been caused, by the force used than would have been suffered if no force was applied?

Consider the following;

George is 87 years old he suffers from dementia and lives in a care home. At 11pm one day in January George is seen leaving the care home alone wearing only his pyjamas and slippers. It is a very cold evening and there is snow on the ground. The care home staff take hold of George’s arms but George struggles, they slip on the icy footway and fall which results in George sustaining a broken hip.

Was the force used by the care home staff reasonable? To answer this question we need to consider;

Was the force used necessary? If so was it proportionate?

Which, if any, of the 6 necessity conditions apply to this scenario?

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What harm was caused by the care home staff’s use of force?

Was this less or likely to be less than the possible harm to George if they had not used force?

This and other examples will be discussed on the course however you may wish to give this some thought before you come to the course. You may also have some examples from your own experience.

Often if it difficult to judge, in the heat of the moment, how much force to use and how much, with the benefit of hindsight, would be considered reasonable. However this also has been considered in law, in this case by a very eminent Judge, Lord Morris in a case known as Palmer v R, 1971 A.C. 814; in this case he stated;

“If there has been an attack so that self defence is reasonably necessary, it will be recognised that a person defending himself cannot weigh to a nicety the exact measure of his defensive action. If the jury thought that that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary, that would be the most potent evidence that only reasonable defensive action had been taken...”

Refer back to the section that considered the impact of Common Law and Statute Law on the concept of self defence.

Before ending this section it must be stated that self defence does not include retaliation or exacting retribution. As soon as the perceived threat has passed no further action can be taken without the risk of the original victim that is you, becoming defined as the attacker.

Remember, the use of force must always be a last resort.

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NHS Protect

‘NHS Protect leads on work to identify and tackle crime across the health service. The aim is to protect NHS staff and resources from activities that would otherwise undermine their effectiveness and their ability to meet the needs of patients and professionals. Ultimately, this helps to ensure the proper use of valuable NHS resources and a safer, more secure environment in which to deliver and receive care’.

(Extract from NHS Protect Website 2013)

Further information concerning the work of NHS Protect and the roles of its staff is available on its website; http://www.nhsbsa.nhs.uk/3647.aspx

NHS Protect aims NHS Protect has five strategic aims:

1. To provide national leadership for all NHS anti-crime work by applying an approach that is strategic, co-ordinated, intelligence-led and evidence based. 2. To work in partnership with the Department of Health, commissioners and providers, as well as our key stakeholders, such as the police, the CPS, local authorities and professional organisations such as the National Fraud Authority and the Cabinet Office Counter Fraud Task Force, to coordinate the delivery of our work and to take action against those who commit offences against the NHS. 3. To establish a safe and secure environment that has systems and policies in place to:

protect NHS staff from violence, harassment and abuse; safeguard NHS property and assets from theft, misappropriation or criminal damage; and protect resources from fraud, bribery and corruption. 4. To lead, within a clear professional and ethical framework, investigations into serious, organised and/or complex financial irregularities and losses which give rise to suspicions of fraud, bribery or corruption. 5. To quality assure the delivery of anti-crime work with stakeholders to ensure the highest standard is consistently applied.

Role of the Local Security Management Specialist The overall objective of the LSMS will be to work on behalf of NHS health bodies to deliver an environment that is safe and secure so that the highest standards of clinical care can be made available to patients.

For further information see; http://www.nhsbsa.nhs.uk/SecurityManagement/Documents/LSMS_generic.pdf

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Role of the Security Management Director (SMD). A SMD is a voting member of the senior management team and is responsible for the appointment of the LSMS and for ensuring the LSMS work is carried out to a high standard. The SMD has overall responsibility for security at the Trust at Board level.

Senior Quality and Compliance Inspector (SQCI) To ensure best practice and a high quality service is provided SQCI’s monitor the service and provide advice to the LSMS and the Trust. Further information can be found on the NHS Protect website.

Area Security Management Specialists (ASMSs) Provide operational support to ensure health bodies deliver consistently high quality security management work.

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Post Incident Considerations If violence is threatened or used what should I consider? Here are a few things that you may wish to consider in respect of violence or threatened violence at work. Has the individual (you or anyone else) been injured? Do they need medical or any other assistance? Have they removed themselves to a place of safety? Have they reported the incident? Have they completed an incident report form? Have the police been called? It is vitally important that ALL incidents of this nature are reported and recorded. Advice should always be south from your Local Security Management Specialist. Consider support or other assistance for example from; The individual’s line manager Occupational health services Employee counselling services HR (e.g. in relation to a phased returned to work) Victim Support and the Criminal Injuries Compensation Authority. This type of incident may have long lasting effects both physically and/or emotionally. Ensure assistance is obtained Ensure it’s reported Ensure it’s recorded It is NOT ‘part of the job’.

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You should now undertake a further self-test knowledge test to check and imbed your knowledge. Record your answers in the workbook, and revisit the relevant subject matter should you make incorrect responses before moving on to the next sections. Answers are shown on the next page. Knowledge check 2 Within Transactional Analysis we operate in three basic ego states. The parent ego state is further divided into two states. What are they? What do the letters in the mnemonic LEAPS represent? Name the four positions on the ‘attitude and behaviour cycle’? What are the two patterns of behaviour that should be avoided? Provide two examples of ‘warning signs’ Provide two examples of ‘danger signs’ What is an ‘assault’? What is the name of the legislation that deals with the issue of ‘reasonable force’? What 2 questions need to be asked when deciding if force used was ‘reasonable’? In general terms, describe the role of NHS Protect

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What is the role of the Local Security Management Specialist (LSMS)? What is the role of the Area Security Management Specialist (ASMS)? What is the role of the Security Management Director (SMD)? Provide 3 examples of Post Incident Support that is available. Provide 3 examples of Post Incident Considerations.

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Answers to self test knowledge check (2) Within Transactional Analysis we operate in three basic ego states. The parent ego state is further divided into two states. What are they? Critical parent Nurturing parent What do the letters in the mnemonic LEAPS represent? Listen Empathise Ask questions Paraphrase Summarise Name the four positions on the ‘attitude and behaviour cycle.

1. My attitude 2. My behaviour 3. Your attitude 4. Your behaviour

What are the two patterns of behaviour that should be avoided?

Aggressive resistance; serious or aggravated resistance Provide two examples of ‘warning signs’

Direct prolonged eye contact. Standing tall. Exaggerated movements. Breathing rate increases. Quick movements. Shifting weight from one foot to the other. Provide two examples of ‘danger signs’ Fist clenching. Lips tighten over teeth. Hands rise above the waist. Shoulders tense. Stance moves from square to sideways. What is an ‘assault’? ‘The intentional application of force to the person of another without their consent or the threat of such force whereby the person threatening has or causes the person threatening to believe he has the present ability to effect his purpose’ The Offences Against the Persons Act 1861

‘An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force’. (Archbold 19-166 and 19-172)

Which item of legislation deals with the issue of ‘reasonable force’? Section 3 Criminal Law Act 1967

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What two question need to be asked when deciding if force used was ‘reasonable’? Was the force used necessary? Was the force used proportionate to the harm caused/suffered or likely to be caused/suffered? In general terms, describe the role of NHS Protect

‘NHS Protect leads on work to identify and tackle crime across the health service. The aim is to protect NHS staff and resources from activities that would otherwise undermine their effectiveness and their ability to meet the needs of patients and professionals. Ultimately, this helps to ensure the proper use of valuable NHS resources and a safer, more secure environment in which to deliver and receive care’.

What is the role of the Local Security Management Specialist (LSMS)? The overall objective of the LSMS will be to work on behalf of NHS health bodies to deliver an environment that is safe and secure so that the highest standards of clinical care can be made available to patients. What is the role of the Area Security Management Specialist (ASMS)? Provide operational support to ensure health bodies deliver consistently high quality security management work. What is the role of the Security Management Director (SMD)? A SMD is a voting member of the senior management team and is responsible for the appointment of the LSMS and for ensuring the LSMS work is carried out to a high standard. The SMD has overall responsibility for security at the Trust at Board level. Provide 3 examples of Post Incident Support that is available. Has the individual (you or anyone else) been injured? Do they need medical or any other assistance? Have they removed themselves to a place of safety? Have they reported the incident? Have they completed an incident report form? Have the police been called? Provide 3 examples of Post Incident Considerations. The individual’s line manager Occupational health services Employee counselling services HR (e.g. in relation to a phased returned to work) Victim Support and the Criminal Injuries Compensation Authority. Once again, well done if you managed 100%. If not please revisit the relevant section to ensure you have fully understood this subject.

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This Conflict Management & Conflict Management/Breakaway course has been designed to raise your awareness and to provide you with some tools to assist your communication skills. There are occasions when all well-meaning efforts at conflict resolution may fail. This is inevitable. There are some situations that cannot be resolved even by the most experienced negotiator. Under these circumstances it is better to ‘walk away’ and learn from the experience. By remaining alert, being aware of your changing surroundings and circumstances and by constantly assessing and re-assessing developing circumstances your safety will be enhanced. Where it is clear that the situation cannot be resolved, or where a person’s behaviour is becoming threatening, abusive or even violent, your first consideration must be your own personal safety. We hope that you have enjoyed and benefited from this course. Thank you for your participation,

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Sources of reference

Barker A., (2000); Improve your communication skills; Kogan Page Berne E., (1968) Games People Play Penguin Books Carr M. et al, (1996) The management of violence in the workplace Unpublished document Cartwright R., (2002) Communication Capstone Publishing Furnham A., (2000) Body language at work Chartered Institute of Development GMP (2000) The power of language Unpublished document Harris T., (1973) I’m ok – you’re ok Pan Books Hay J., (1996) Transactional Analysis for trainers Sherwood Publishing Hay J., (2003) Transactional Analysis in the classroom, article In ‘Train the Trainer’ publication Fenman Ltd Johnson B. and Geal M., (2004) ‘It’s good to listen’, article in Train the Trainer publication Fenman Ltd Kirschenbaum H. and Henderson VL., (1990) The Carl Rogers Reader Constable Martin J., (2005) The English Legal System Hodder and Stoughton Pearce A., (1988) Body Language Sheldon Press Sherwin A., (2012) ‘The truth about lying’, article published in the Independent newspaper 12th July 2012 Independent news Stokoe S., (1993) Non-verbal communication Unpublished document Unspecified (2000) Chambers Paperback Dictionary Chambers Unspecified (2001) Management of Aggression and Personal Safety (RMH Training) Unpublished document Unspecified (2008) NHS Security Management Service. Conflict Resolution workbook NHS M.Dawes (2012) What is physical intervention NFPS Ltd (2013) Role of NHS Protect NHS Protect website