Legal and ethical restrictions

Restrictions are part of everyone’s lives. Speed limits keep people safe on the roads, and we have laws to protect our rights and society.

People with a learning disability or autism, especially those who may present with behaviour that challenges, are more likely to experience additional restrictions within their day to day lives. However, their rights and expectations of liberty are the same as any other adult.

Components

The signatories of this concordat are committed to providing interventions in a positive and proactive way. The restrictions used will be proportionate to the risk of harm and will adhere to the principles outlined within the concordat, as well as current national legislation.

Component 1

Intervention plans will promote an individual’s human rights and never be used to deliberately inflict pain, punish or humiliate.

Component 2

All Restrictions will be implemented for the shortest time possible and will be regularly reviewed.

Component 3

Restriction plans will be created in collaboration with an individual and their family, friends and/or advocates. With appropriate application of the Mental Capacity Act 2005 and best interest decisions when required.

Component 4

Restrictions may be necessary to prevent harm but will be used as a last resort.

Component 5

Plans for restrictive interventions will be bespoke, informed by an individual’s preferences and be different for each person.

Component 6

Restrictions will be tailored around an individual’s health.

Component 7

A person’s risks, history and experiences will be considered when planning restrictive interventions, as will, the emotional effect of the restriction on the person.

Component 8

Restrictions will be monitored and wherever possible, plans to reduce restrictive interventions will be made.

Resources and tools

Human Rights Act

Human Rights Act 1998 (legislation.gov.uk)

SCIE – The Human Rights Act (HRA) overview for social care

House of Lords and House of Commons Joint Committee on Human Rights – A Life Like Any Other? Human Rights of Adults with Learning Disabilities

Care Act 2014

Care Act 2014 (legislation.gov.uk)

SCIE – Care Act 2014 resources, training and consultancy

Deprivation of Liberty

SCIE – Deprivation of liberty safeguards (DoLS) at a glance

Challenging Behaviour

NICE – Challenging behaviour and learning disabilities: prevention and interventions for people with learning disabilities whose behaviour challenges

Care Quality Commission – Out of sight – who cares?

Department of Health – Positive and Proactive Care: reducing the need for restrictive interventions

STOMP

NHS England – Stopping over medication of people with a learning disability, autism or both (STOMP)

Restraint Reduction Network

Restraint Reduction Network

Restraint Reduction Network – Restrictive practices review

Mental Capacity Act 2005

Mental Capacity Act 2005 (legislation.gov.uk)

SCIE – Mental Capacity Act 2005 at a glance

Hampshire Mental Capacity Toolkit: Part A – Assessment of Capacity

Hampshire Mental Capacity Toolkit: Part B – Best Interests Decision Making

SCIE – Mental Capacity Act (MCA) care planning, involvement and person-centred care