Section three The use of force and restraint
This increased her agitation and distress,
and the hospital responded by sedating
her over 100 times with injections or rectal
medication. MWCS considered that this could
amount to degrading treatment.13
Another investigation highlighted that it
can also be inhuman not to use force. A
woman with alcohol-related brain damage
refused medical interventions despite being
suspected of having cervical cancer. When
she became terminally ill and had a large
bloody vaginal discharge, staff in her care
home allowed her to refuse to be cleaned
and given pain relief. MWCS considered that
this left the woman in considerable indignity
and distress – it was content that her
decision not to receive medical treatment
was respected, but felt that care home staff
should have overruled her later refusal of
care in order to preserve her dignity.14 To
address risks of staff using excessive force,
or omitting to use reasonable force, MWCS
published a good practice guide on the use
of force to provide physical health care.15
In Northern Ireland, RQIA monitors health
and social care settings, including those
where people are, or may be, detained.
During inspections, RQIA found a range of
restraints being used, including inappropriate
use of rapid tranquilisation, bedrails, lap
straps on specialist seating, arm splints and
specialist sleepwear. It was evident to RQIA
that, in some settings, staff used restraint
without adequate training and policies
governing the use of physical interventions
were inadequate, out of date or simply
absent. Several patients interviewed by RQIA
said that they had sustained injuries while
being restrained.
In several non-secure health or social
care settings that RQIA visited, it found
environmental restrictions that could amount
to de facto detention. These included locked
internal doors, locked external doors and
gates, and the use of seclusion as a method
of behaviour management. RQIA was
concerned about:
• a lack of understanding among service
providers that the practices were
restrictive
• failures to assess the impact of servicewide restrictions on individual service
users
• few services were able to describe the
assessment processes and agreements
with service users and/or their
representatives in relation to these
restrictions
• the absence of safeguards to monitor the
appropriateness of restrictions.
As a result of these inspections, RQIA took
enforcement action against several care
providers. In each case, this has resulted in
improvements in the quality of care.
Case study
RQIA found a voluntary patient in a
long-stay ward for adults with learning
disabilities wearing arm splints. The
splints were used to minimise the risk
that he would harm himself. RQIA was
concerned that the patient’s care records
did not indicate any consideration of
less restrictive measures to prevent
self-harm. The patient was found to be
wearing the splints at all times, despite
an occupational therapist recommending
that this should not occur.
13 MWCS, Starved of Care: Investigation into the care and treatment of ‘Mrs V’ (May 2011).
14 MWCS, Ms R Report: Challenges in providing healthcare for an individual who cannot understand or consent (May 2012).
15 MWCS, Right to Treat? ( July 2011).
23
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