Department of Health Guidance on Restrictive Interventions
- 2. ECHR HRA MHA (1983) + MCA (2005) + DoLs + HSCA (2008) DEPARTMENT OF HEALTH GUIDANCE ON REDUCING THE NEED FOR RESTRICTIVE INTERVENTIONS P.R.I.C.E. GRAHAM MCKNIGHT, OCT 2014
- 3. WHAT ARE RESTRICTIVE INTERVENTIONS? DELIBERATE ACTS THAT RESTRICT SOMEONES MOVEMENT, LIBERTY AND/OR FREEDOM IN ORDER TO: TAKE CONTROL OF A DANGEROUS SITUATION WHERE THERE IS A POSSIBILITY OF HARM TO A PERSON OR OTHERS IF NO ACTION IS TAKEN; AND END OR REDUCE THE DANGER TO THE PERSON OR OTHERS; AND LIMIT THE PERSONS FREEDOM FOR NO LONGER THAN IS NECESSARY.* * POSITIVE AND PROACTIVE CARE: REDUCING THE NEED FOR RESTRICTIVE INTERVENTIONS, APRIL 2014 SOCIAL CARE, LOCAL GOVERNMENT AND CARE GRAHAM MCKNIGHT, OCT 2014 PARTNERSHIP DIRECTORATE
- 4. GRAHAM MCKNIGHT, OCT 2014 THE DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) ARE AN ADDITION TO THE MENTAL CAPACITY ACT 2005. THEY AIM TO MAKE SURE THAT PEOPLE IN CARE HOMES, HOSPITALS AND SUPPORTED LIVING ARE LOOKED AFTER IN A WAY THAT DOES NOT INAPPROPRIATELY RESTRICT THEIR FREEDOM. HOWEVER, IN 2012/13 CQC IDENTIFIED A LACK OF AWARENESS OF DoLS AMONG FRONTLINE STAFF.
- 5. Image taken from the BBC Panorama Special which uncovered horrific abuse taking place at Winterbourne View Hospital. GRAHAM MCKNIGHT, OCT 2014
- 6. STOPPING ANOTHER WINTERBOURNE 2012 PANORAMA INVESTIGATION FOUND HORRIFIC ABUSE AT HOSPITAL FOR VULNERABLE ADULTS. VULNERABLE ADULTS IN HOSPITAL CARE URGENTLY REVIEWED BY CQC. SUSPECTED ABUSE VICTIMS MOVED TO COMMUNITY BASED SUPPORT BY SUMMER 2013. GOVERNMENT PLEDGED NEW LEGISLATION TO STRENGTHEN CQCS ABILITY TO TAKE ACTION AGAINST OR SHUT DOWN ORGANISATIONS THAT ABUSE SERVICE USERS AND NEW GUIDANCE FOR EMPLOYERS & EMPLOYEES BY 2014. GRAHAM MCKNIGHT, OCT 2014
- 7. NEW LEGISLATION THE HEALTH AND SOCIAL CARE ACT (2008) ALREADY TELLS CQC WHAT TO INSPECT AT UNITED RESPONSE. CQC NOW VERY INTERESTED IN REGULATION 11 OF THE ACT SAFEGUARDING SERVICE USERS AGAINST ABUSE. NEW LEGISLATION DUE IN OCTOBER 2014 WILL PLACE MORE EMPHASIS ON APPROPRIATE USE OF RESTRAINT GRAHAM MCKNIGHT, OCT 2014
- 8. NEW LEGISLATION WILL ALSO GIVE CQC BETTER DEFINED POWERS TO ACT AGAINST CARE PROVIDERS WHO USE RESTRAINT METHODS THAT: ARE NOT PERMITTED BY GUIDANCE* ISSUED BY PROFESSIONALS AND EXPERTS, OR ARE UNLAWFUL, OR ARE NOT NECESSARY, OR ARE NOT PROPORTIONAL. GUIDANCE* FORWARDED BY THE MINISTER FOR CARE AND SUPPORT WILL BE ONE OF THE SOURCES CQC USE WHEN DECIDING IF A PROVIDER IS DELIVERING SAFE AND APPROPRIATE CARE, ONCE THE NEW LAW COMES IN TO FORCE. * POSITIVE AND PROACTIVE CARE: REDUCING THE NEED FOR RESTRICTIVE INTERVENTIONS, APRIL 2014 SOCIAL CARE, LOCAL GOVERNMENT GRAHAM MCKNIGHT, OCT 2014 AND CARE PARTNERSHIP DIRECTORATE
- 9. NEW GUIDANCE ENCOURAGES A CULTURE IN ORGANISATIONS LIKE UNITED RESPONSE THAT ONLY USES PHYSICAL INTERVENTIONS AS A LAST RESORT. PROVIDES ADVICE ON USING MODELS OF RESTRICTIVE INTERVENTION REDUCTION (LIKE P.R.I.C.E.) SO THAT LASTING REDUCTIONS IN THE USE OF RESTRICTIVE INTERVENTIONS CAN BE ACHIEVED. HELPS ENSURE THAT RESTRICTIVE INTERVENTIONS ARE USED IN A TRANSPARENT, LEGAL AND ETHICAL MANNER. GRAHAM MCKNIGHT, OCT 2014
- 10. * GRAHAM MCKNIGHT, OCT 2014 * ECHA
- 11. THE ECHA AND US DEPENDING UPON THE PRIORITIES OF THE NEXT BRITISH GOVERNMENT, THE EHRA MAY BE REPLACED WITH A BRITISH BILL OF RIGHTS. UNTIL THE OUTCOME OF THE 2015 GENERAL ELECTION IS KNOWN, WE ARE BOUND AT WORK AND ELSEWHERE IN THE UK AND THE EU TO ACT IN ACCORDANCE WITH THE ECHA. GRAHAM MCKNIGHT, OCT 2014
- 12. THE HRAIMPOSES A DUTY ON PUBLIC AUTHORITIES, (INCLUDING NHS TRUSTS, LOCAL AUTHORITIES, AND POLICE FORCES) AND SERVICES OF A PUBLIC NATURE NOT TO ACT IN A MANNER THAT IS INCOMPATIBLE WITH THE ECHR - RIGHTS THAT HAVE BEEN MADE PART OF UK LAW BY THE HRA. A HUMAN RIGHTS BASED APPROACH CAN BE ACHIEVED BY APPLYING WHAT HAS BEEN DESCRIBED AS THE PANEL PRINCIPLES GRAHAM MCKNIGHT, OCT 2014
- 13. KEY PRINCIPLE WHAT IT MEANS WHAT IT LOOKS LIKE PARTICIPATION ENABLING EVERYONE TO GET INVOLVED IDENTIFYING AND REDUCING BARRIERS THAT PREVENT PEOPLE FROM EXERCISING THEIR RIGHTS ACCOUNTABILITY IDENTIFYING WHO HAS WHAT LEGAL DUTIES TO FULFILL AT WORK AND ELSEWHERE STAFF KNOW WHAT THE MENTAL HEALTH ACT AND MENTAL CAPACITY ACT ARE AND HOW THEY APPLY TO THEIR ROLES AT WORK NON-DISCRIMINATORY PAYING ATTENTION TO GROUPS OF PEOPLE THAT ARE VULNERABLE TO ABUSE STAFF KNOW THE RELIGIOUS BELIEFS, RACE, CULTURAL TRADITIONS, GENDER AND SEXUAL IDENTITY OF THE PEOPLE WE SUPPORT EMPOWERMENT ENCOURAGING STAFF AND PEOPLE WE SUPPORT TO LEARN AND REMEMBER THEIR RIGHTS AND RESPONSIBILITIES STAFF COMPETENTLY EXPLAINING HOW HUMAN RIGHTS CAN BE INFRINGED BY RESTRICTIVE INTERVENTIONS LEGALITY COMPLYING WITH THE LAW (SPECIFICALLY: THE HUMAN RIGHTS ACT, MENTAL HEALTH ACT, MENTAL CAPACITY ACT) IDENTIFYING THE LEGAL IMPLICATIONS OF A PERSON WE SUPPORTS CHALLENGING BEHAVIOUR AND OUR RESPONSES TO THAT BEHAVIOUR GRAHAM MCKNIGHT, OCT 2014
- 14. THE HRA AND P.R.I.C.E. P.R.I.C.E. = PROTECTING RIGHTS IN A CARING ENVIRONMENT. STAFF AT UNITED RESPONSE COMPLETE REGULAR P.R.I.C.E. TRAINING TO HELP THEM LEARN, UNDERSTAND, REMEMBER, REVISE AND UPDATE THEIR RIGHTS AND LEGAL RESPONSIBILITIES AT WORK. THE P.R.I.C.E. MODEL OF SUPPORT FOR ADULTS WITH LEARNING DIFFICULTIES AND SPECIAL NEEDS IS COMPATIBLE WITH THE ECHA, HRA, MHA, MCA, HSCA (2008) AND UNITED RESPONSES COMMITMENT TO ENABLING THE PEOPLE WE SUPPORT TO LIVE DIGNIFIED, MEANINGFUL AND FULFILLING LIVES AS EQUALS WITH US AND THE REST OF HUMANITY. GRAHAM MCKNIGHT, OCT 2014