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delh
02-12-2005, 12:50 PM
I was wondering how rigidly care homes / services are interpreting service users’ Right to Liberty (Article 5 of the Human Rights Act Oct 2000) and also avoiding False Imprisonment etc. in relation to locked doors in care homes.
I have found a couple of services being, in my view, a bit pedantic (and politically correct?) in sticking to this. I recently found carers at a service having to frequently use physical interventions to prevent autistic service users absconding and running into a busy road. These were guys that would not cope near traffic etc but staff felt that they had been told it was the person's right to come and go. Incredibly, doors were not even locked at night!
I am aware of one prosecution of a service manager who had not used a locked door policy, resulting in a service user getting hit by a car whilst running off.
This may be about balancing the risk of breaching someone’s rights, with the risk of harm to the individual and/or others.
I have managed several services with a locked front door, using individual risk assessment to look at who can be safe etc. Those that need help can, of course, still go out with appropriate supervision, and those that can manage safely are risk assessed to have front door keys. Obviously, such potentially “liberty restricting” decisions need the written agreement / support of a “multi disciplinary” team (i.e. everyone involved with the individual’s care & support) as suggested in the Care Standards.
In my experience, this has worked well and satisfied CSCI / CSIW requirements, whilst staying close to a common sense "domestic" situation.
I reckon its about individually appropriate approaches, as opposed to "blanket" methods.

What does everyone think?
Would people rather lock a door than use restraint?
What are staff working in community settings doing to manage such situations?

andy
14-12-2005, 10:46 PM
I think we live in a society where the words risk assessments are overused. I believe that it is unreasonable to place an individual at serious risk. If a person has poor road safety skills they require protection but, not imprisonment. I agree that blanket statements can be sometimes unhelpful although there is a role for people challenging established practice.

Incidentally I once heard a person justify seclusion on the basis that it kept a person safe. We need to get a balance right risk assessment should be about helping people to take risks not just preventing them.

anon_e-mouse
15-12-2005, 02:26 PM
Stating a case for the benefit of taking a risk is important and often overlooked and a useful counter to the argument.

The benefit of risking accusations of false imprisonment vs the benefit of free access in and out of the home environment.

Often people only assess the severity of harm that might occur, and incorrectly make judgements on that basis alone.

I would be interested in hearing if the question of is this the expression of a desire to be out of the house or is this on balance the action of an out of control person who is unaware of the dangers which can jeopordises his/her safety?

If it is the later I would lock the door and look at ways of making sure that the other people who live there do not have a consequential restriction of liberty. (and document the decision making process)

bethr
23-03-2006, 07:11 PM
Does anyone have any thoughts on locked doors in children's services? A unit i worked in locked the kitchen at 9.30pm, the young people had supper at 9 and if they wanted a drink after 9.30 the staff would go in and make it for them. The reasoning behind it was that the young people had been refusing to go to bed and throwing food and crockery around the kitchen....thoughts??

forumAdmin
23-03-2006, 07:21 PM
I think if they are not being denied access to their kitchen then this may be OK if written up properly and agreed

but I would suspect that the staff find it annoyning to go and help and will find it easier to say no you cannot have access...?

bethr
08-05-2006, 08:24 PM
I suspect that that possibly would be the case; so any ideas for trying to ensure that this would NOT happen??

Ronne
24-01-2011, 12:46 PM
i do not think i was ready for you to put words in quotation marks. i'll think about what you really want when you put your search in quotes and try to return something that makes sense.