Prof. Amanda Phelan School of Nursing, Midwifery & Health - - PowerPoint PPT Presentation
Understanding rights and restrictive practice: a history of the present Prof. Amanda Phelan School of Nursing, Midwifery & Health Systems +353 1 7166482 Amanda.phelan@ucd.ie S Human Rights S Modern conceptions can be traced to the United
School of Nursing, Midwifery & Health Systems +353 1 7166482 Amanda.phelan@ucd.ie
S Modern conceptions can be traced to the United Nations
Declaration on Human Rights (1948).
S “All human beings are born free and equal in dignity and
should act towards one another in a spirit of brotherhood.
S Addresses discrimination,
marginalisation, unfair treatment.
S Benchmark
S Inherent: Form an essential part of our lives S Universal: Applies to all human beings S Indivisible: Rights must be enjoyed by all S Inalienable: Can’t be taken away/transferred S Covers: Civil, political, economic, social and
cultural rights
It is not the norm for rights to be limited but there are exceptions. They can only be limited if the following 5 criteria are met:
1.
The restriction must be allowed for in law
2.
The restriction must respond to a pressing public or social need
3.
The restriction is strictly necessary in a democratic society to achieve the public/social need
4.
There are no less intrusive and restrictive means available to reach the same
5.
The restriction is based on scientific evidence and not drafted or imposed arbitrarily — that is, in an unreasonable or otherwise discriminatory manner.
Any restriction must be of a limited duration, respectful of human dignity, and subject to review UNHRC has underpinned a focus on reducing restrictive practices (McSherry 2008)
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Fairness: This principle demands that due consideration is afforded to the person’s opinion, giving them the opportunity to have that point of view expressed, listened to and weighed, alongside other factors relevant to the decision to be taken.
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Respect: Respect is the objective, unbiased consideration and regard for the rights, values, beliefs and property of other people. Respect applies to the person as well as their value systems and implies that these are fully considered before decisions which may overrule them are taken.
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Equality: Many facets behind the principle of equality, including non-discrimination, overlap with
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Dignity: Dignity has been defined as ‘a state, quality or manner worthy of esteem or respect; and (by extension) self-respect. Dignity in care, therefore, means the kind of care, in any setting, which supports and promotes, and does not undermine, a person’s self-respect regardless of any difference’.
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Autonomy: Autonomy is regarded as one of the four fundamental ethical principles of healthcare. It is the principle of self-determination whereby a person is allowed to make free choices about what happens to them – that is, the freedom to act and the freedom to decide, based on clear, sufficient and relevant information and opportunities, to participate in the decision-making. Source: http://www.dwmh.nhs.uk/equality-and-diversity/human-rights/
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Any restriction imposed that limits an individual’s freedom that prevents them from having a natural quality of life
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Restrictive practices in health and social care refer to the implementation of any practice
independently without coercion or consequence (RCN, 2013)
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This may be imposed by means including but not limited to (physical, environmental, chemical, mechanical)
S ‘…deliberate acts on the part of
individual’s movement, liberty and/or freedom to act independently in order to:
S take immediate control of a
dangerous situation where there is a real possibility of harm to the person or others if no action is undertaken; and end or reduce significantly the danger to the person or others; and contain or limit the person’s freedom for no longer than is necessary’. (DoH 2014)
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It keeps people safe
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Protects from person interfering with dressing, catheter etc
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Lack of staff to manage behaviour/supervision
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Prevent the individual from taking things
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It is a clinical intervention
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Its used as a last resort
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Physical restraints were considered as care assistance to prevent falling, maintain gait control, or prevent accidental removal of endotracheal or nasogastric tubes (Huang et al. 2014)
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Request by family
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Decision by nurse/doctor (Scheepmans et al 2017)
S An Australian survey of 1150 of mental health services’
consumers, carers and mental health professionals
S Infringing human rights, compromising therapeutic trust,
traumatising and triggering past trauma.
S Increased safety
(Kinner et al. 2017)
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Impaired mobility,
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Low ADL scores,
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High dependency,
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Previous fall history,
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Cognitive decline and wandering
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Challenging behaviour
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Government legislation
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Hospital regulatory assessments
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Education on physical restraints for nurses
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Restraint attitude of nurses themselves
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Nurse skill mix
S ‘Restraints not only failed to alleviate accidents, but also
increased falls, morbidity and risk of death. Moreover, patients would develop anger, anxiety, withdrawal, and
experienced deterioration in health status, decreased active physical function, increased injuries or falls from accidents and other physical restraint complications.’
S “I just didn’t know what was happening, you know, I was
frightened and I was scared and I just knew I’d been locked in a
S “It’s distressing and it can be a bit like a bit scared. Because of how
many people arrive and how people actually restraining you.” (Pt26) (Hui 2017)
S Move to a rights based approach: dignity, autonomy and
independence
S Shift in ethos: paternalism to empowerment (Power) S Bio-medical to psychosocial (Person Centred Care/Recovery
Model/Social Valorisation). Know the person.
S Culture-norms. Not always the last resort (Winterbourne Report) S Open discussion. S Restraint is restraint S Assess risk with the person, consider capacity. S Discriminatory- ageism, marginalisation.
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Imbalance of power
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Response to responsive behaviours
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Proportionality
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Focus on reduction and elimination of restrictive practices
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Education and training works (Huang et al. 2014)
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Documentation and analysis
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Least restrictive alternative, proportionality, time limited, minimise.
S “Where, after all, do universal human
rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. … Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” – Eleanor Roosevelt
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Department of Health (2011) Towards a Restraint Free Environment in Nursing Homes. Department of Health, Dublin.
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Department of Health (2014) Positive and Proactive Care: Reducing the Need for Restrictive Intervention. DoH, London.
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Department of Health (2011) Towards a restraint free environment. DoH, Dublin.
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Disability Services Commission (2013) What are Restrictive Practices and what service providers need to know. DSC, Perth.
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Health Act (2007) (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013, (2013).
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Health Act (2007) (Care and Support of Residents in Designated Centres for Persons (Children and Adults) with Disabilities) Regulations 2013
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Health Information and Quality Authority. (2016) National Standards for Residential Care Settings for Older People in
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Health Information and Quality Authority (2016) Supporting people’s autonomy: a guidance document. Health Information and Quality Authority, Dublin.
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Health Information and Quality Authority. (2013) National Standards for Residential Services for Children and Adults with
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Health Information and Quality Authority. (2016) Supporting people’s autonomy: a guidance document., Health Information and Quality Authority, Dublin.
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Huang HC, Huang YT, Lin KC, Kuo YF. Risk factors associated with physical restraints in residential aged care facilities: a community-based epidemiological survey in Taiwan. Journal of Advanced Nursing, 2014;70:130e43.
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Hui A. (2016) Least restrictive practices: an evaluation of patient experiences, Nottingham, Nottinghamshire Healthcare NHS Foundation Trust.
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Kinner S.A., Harvey C., Hamilton B., Brophy L., , Roper C., McSherry B., Young J.T. (2017) Attitudes towards seclusion and restraint in mental health settings: findings from a large, community-based survey of consumers, carers and mental health professionals, Epidemiology and Psychiatric Sciences (2017), 26, 535–544.
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Lan S.H., Lub L.C., Lan S.J., Chen J.C., Wu W.J., Chang & Lin L.Y. (2017) Educational intervention on physical restraint use in long-term care facilities e Systematic review and meta-analysis, Kaohsiung Journal of Medical Sciences, 33, 411e421
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McSherry B (2008). Protecting the integrity of the person: developing limitations on involuntary treatment. In International Trends in Mental Health Law (ed. B McSherry), pp. 111–124. Federation Press: Liechhardt.
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Mental Health Commission (2018) The Use of Restrictive Practices in Approved Centres. MHC, Dublin.
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Roper C, McSherry B, Brophy L (2015). Defining seclusion and restraint: legal and policy definitions versus consumer and carer
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Scheepmans, K., Dierckx de Casterlé, B., Paquay, L., Van Gansbeke, H., Milisen, K., (2017) Restraint use in older adults receiving home care. Journal of American Geriatrics Society, 65 (8), 1769–1776
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Scheepmans K., Dierckx de Casterlé B., Paquay L. & Milisen K. (2018) Restraint use in older adults in home care: A systematic review, International Journal of Nursing Studies, 79, 122-136.