National Preventive Mechanism Fourth Annual Report 2012–13
unlawfully detain an individual who
has been placed there by, or with the
permission of, a state authority)
• whether the person is free to leave
• duration of the measure
• physical restraint
• sedation
• contact with the outside world
• the overall purpose of measures to control
or restrict the individual’s movements
• whether there is relevant comparator.
In order to address these concerns, NPM
members submitted reports on action taken
during the year to identify and challenge
de facto detention. The greatest challenges
identified – where individuals were subject
to apparent deprivation of liberty without
proper legal authorisation, and situations
where the legal framework did not offer
individuals appropriate protection – occurred
in health and social care settings, including
settings in the community, where individuals
were receiving care and treatment because
of health and social care needs. The
situations in which NPM members identified
de facto detention were as follows:
• people with dementia in mental health
care, general hospitals and care homes –
individuals may be prevented from leaving
the facility for reasons of safety, but may
consequently be thwarted from going
where they want and confined to an
enclosed space
• people with mental illness or learning
disabilities where they are not formally
detained but are in locked facilities or are
regarded as ‘detainable if wishes to leave’
• people with any of these conditions
receiving care and treatment in community
settings, including individual or shared
28
tenancies, day care or respite care in small
community settings – they may have
24-hour care that exercises great control
over their movements or even be locked
into their own homes or rooms for periods
• children receiving care in residential or
hospital settings – a particular issue is
consent to restrictive measures or forcible
treatment by parents or others exercising
parental responsibilities.
In total, 19 cases of apparent de facto
detention were reported. The following
settings and client groups were identified.
Settings where de facto detention
was reported
Care home
Hospital
4
12
Low secure unit
1
Supported living service
1
Supported living for children
or adolescents
1
Total
19
Client group identified by report
Alcohol-related brain damage
1
Mental illness
7
Dementia
6
Learning disability
4
Neurological
1
Total
19
The most common issue was apparent
de facto detention in hospital. Three reports
refer to individuals in community placements
where they have individual or shared
tenancies.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents