2.2. Summarise legislation, codes of practice and policies relating to positive behaviour support

This guide will help you answer 2.2. Summarise legislation, codes of practice and policies relating to positive behaviour support.

Positive Behaviour Support (PBS) is an approach that focuses on understanding the reasons for behaviour and helping people develop positive alternatives. It is widely used in UK health and social care, especially with people who have learning disabilities, autism, mental health conditions, or behaviours that challenge. To use PBS correctly, health and social care workers must follow legislation, codes of practice, and workplace policies.

This guide covers the main laws, standards, and guidance that relate to Positive Behaviour Support.

Key Legislation in the UK Relating to PBS

Legislation is law passed by Parliament. Health and social care workers must work within the law at all times. Laws that affect PBS directly or indirectly include:

The Human Rights Act 1998

The Human Rights Act brings the rights under the European Convention on Human Rights into UK law. It is important in PBS because it protects each person’s dignity, privacy, and freedom.
For example, Article 3 states that no one should be subjected to inhuman or degrading treatment. In practice, this means avoiding punishment or restrictive interventions unless needed to prevent harm, and only using the least restrictive method. It requires support staff to respect the person’s voice in decisions about their support.

The Equality Act 2010

This law protects people from discrimination based on certain characteristics such as disability, age, race, religion, or sex. It matters for PBS because people who need behaviour support often have disabilities. Workers must make reasonable adjustments, such as adapting the environment to reduce triggers. This Act also protects staff from discrimination at work and promotes inclusion.

The Children Act 1989 and 2004

These Acts focus on the welfare and safeguarding of children. They apply when working with children or young people who need PBS. Under these laws, the welfare of the child must come first. This means creating support plans that protect the child from physical or emotional harm and allow them to grow and develop in a safe environment.

The Care Act 2014

The Care Act sets out how local authorities must assess and meet the needs of adults who require care and support. It promotes well-being, choice, and control, which are all key values in PBS. Workers must look at the whole person, not just the behaviour, and work to improve their independence and quality of life.

The Mental Capacity Act 2005

This Act protects people who may lack the capacity to make their own decisions. Within PBS, it helps decide when and how to make decisions on behalf of someone who cannot decide for themselves. It requires workers to look for ways to help a person make their own decisions first. If a decision must be made for them, it must be in their best interests and with the least restriction of their freedoms.

The Health and Social Care Act 2012

This law focuses on quality and safety in care. Services must be safe, effective, caring, responsive, and well-led. It supports PBS as it encourages evidence-based, person-centred care.

The Education and Skills Act 2008 and the SEND Code of Practice

These apply when working with children and young people with special educational needs and disabilities. They promote inclusive education and reasonable adjustments in schools. PBS is part of these adjustments to help remove barriers to learning.

Codes of Practice Affecting PBS

Codes of practice are standards and guidance set by professional or regulatory bodies. They are not laws but have legal weight in practice because employers and inspectors use them to measure performance. If workers ignore these codes, they could face disciplinary action.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

These regulations set out the fundamental standards that all CQC-registered services in England must follow. These include treating service users with dignity, respecting their rights, and protecting them from harm. Positive Behaviour Support fits into these standards because it focuses on preventing harm and promoting dignity.

The NICE Guidelines on Challenging Behaviour and Learning Disabilities

The National Institute for Health and Care Excellence (NICE) has guidance for services supporting people with learning disabilities and behaviours that challenge. NICE recommends PBS as the preferred approach because it is proactive rather than reactive. It stresses understanding the causes of behaviour and improving quality of life.

Skills for Care Code of Conduct for Healthcare Support Workers and Adult Social Care Workers

This code outlines the standards expected of support workers. It includes respecting the rights of people, promoting independence, and working in a person-centred way. These are core principles of PBS.

The Restraint Reduction Network Standards

These standards guide services on reducing the use of restrictive practices. They explain that restrictive interventions such as physical restraint should only be used as a last resort and for the shortest time necessary. PBS is promoted as the main way to reduce reliance on restrictions.

Social Work England Professional Standards

If you are registered as a social worker, you must work according to these professional standards. They highlight respecting human rights, promoting equality, and engaging with the person and their family in planning care. PBS supports these aims.

Organisational Policies Relating to PBS

Every health and social care organisation has policies that explain how laws and codes of practice are put into day-to-day work. These policies vary between workplaces, but common ones that relate to PBS include:

Behaviour Support Policy

This policy sets out how to support people who display behaviours that challenge. It usually requires staff to use least restrictive and person-centred approaches, starting with prevention and early intervention. It will detail how to assess behaviour, identify triggers, and create individualised PBS plans.

Safeguarding Policy

Safeguarding means protecting people from abuse, harm, and neglect. In PBS, safeguarding is key because poor practice in behaviour management can become abusive. A safeguarding policy will guide staff on recognising signs of abuse, reporting concerns, and acting quickly to protect the person.

Restrictive Intervention Policy

This policy explains when and how restrictive interventions may be used. It will be in line with the Mental Capacity Act and Human Rights Act. It must make clear that restrictive measures are a last resort, time-limited, and recorded. PBS focuses on reducing the need for these measures.

Equality and Diversity Policy

This policy ensures that services are inclusive, and no one is unfairly treated. In PBS, this means valuing the person’s culture, language, and choices when planning support.

Training and Development Policy

This will set out how staff are trained in PBS principles, de-escalation skills, communication methods, and alternative strategies to restriction. Ongoing training ensures staff keep skills up to date and apply them safely.

How These Laws, Codes, and Policies Work Together

In practice, these laws and codes overlap. For example:

• The Human Rights Act protects dignity, while the Equality Act prevents discrimination.
• The NICE guidelines provide a clear PBS method, while the Care Act gives a legal duty to promote well-being.
• Organisational policies make these rules specific to that workplace.

If a workplace policy conflicts with the law, the law takes priority. Workers must always act within legislation even if this means questioning an employer’s instructions.

Applying Legislation, Codes, and Policies in PBS

The legislation, codes, and policies exist to protect people and improve service quality. When supporting someone using PBS, workers should:

• Learn the person’s history, needs, and preferences through good assessment
• Identify triggers and develop proactive strategies
• Work alongside families and professionals so support is consistent
• Keep accurate records of incidents and actions taken
• Reduce restrictions and focus on skills development
• Check support plans regularly and update them as needs change

This approach prevents escalation, shows respect for the person’s rights, and meets legal requirements.

Example Scenario

A young adult with autism becomes distressed in noisy environments, sometimes hitting objects.

Legal and code links:

• Human Rights Act: protect dignity and prevent degrading treatment.
• Equality Act: make adjustments to their environment.
• NICE guidelines: use PBS to identify triggers.
• Organisation Behaviour Support Policy: create a PBS plan with preventative strategies.
• Restraint Reduction Network: only use physical interventions if all else fails, and for the shortest possible time.

Application:

Staff re-arrange the timetable so the person has quiet times and uses noise-reducing headphones. They provide calm spaces and teach relaxation techniques. A visual schedule helps reduce anxiety. This meets their legal duties and supports a positive outcome.

Final Thoughts

Positive Behaviour Support is far more than a method for handling challenging behaviour. It is a framework that puts the person at the centre and aims to improve their quality of life. By embedding human rights, equality, inclusion, and person-centred planning into daily care, PBS not only meets legal standards but creates respectful, trusting relationships.

Following legislation, codes of practice, and policies is not simply about avoiding penalties. It is about making sure people are supported in ways that value their individuality and help them thrive. By keeping these principles active in all decisions and actions, you make sure PBS is effective, lawful, and respectful.