The criteria should be used as an indicative only as it will generally be based on information provided by the managing authority in the application and each case must be judged on its own facts HIGHER MEDIUM LOWER Continuous 1:1 care Asking to leave but Minimal evidence of during the day and/or not consistently control and supervision night Not making any No specific restraints or Sedation/medication used active attempts to restrictions being used frequently to control leave e.g. in a care home not behaviour Appears to be objecting, no additional Physical restraint used unsettled some of restrictions in place regularly equipment or the time Have been living in the – persons Restraint or care home for some Restrictions on medication used time (at a year) family/friend contact (or infrequently Settled placement in other Article 8 issue) Appears to meet care home/hospital Objections from relevant some but not all placement, no evidence person (verbal or aspects of the acid of objection etc. but may physical) test meet the requirements Objections from of the acid test family/friends End of life situations, Attempts to leave intensive care situations Confinement to a which may meet the particular part of the acid test but there will establishment for be no benefit to the considerable period of person from the time Safeguards. New or unstable placement Possible challenge to Court of Protection, or Complaint Already subject to DoL about to expire Appendix K
HIGHER MEDIUM LOWER Continuous 1:1 care during the day and/or night Sedation/medication used frequently to control behaviour Physical restraint used regularly – equipment or persons Restrictions on family/friend contact (or other Article 8 issue) Objections from relevant person (verbal or physical) Objections from family/friends Attempts to leave Confinement to a particular part of the establishment for considerable period of time New or unstable placement Possible challenge to Court of Protection, or Complaint Already subject to DoL about to expire Asking to leave but not consistently Not making any active attempts to leave Appears to be unsettled some of the time Restraint or medication used infrequently Appears to meet some but not all aspects of the acid test Minimal evidence of control and supervision No specific restraints or restrictions being used e.g. in a care home not objecting, no additional restrictions in place Have been living in the care home for some time (at a year) Settled placement in care home/hospital placement, no evidence of objection etc. but may meet the requirements of the acid test End of life situations, intensive care situations which may meet the acid test but there will be no benefit to the person from the Safeguards. The criteria should be used as an indicative only as it will generally be based on information provided by the managing authority in the application and each case must be judged on its own facts Appendix K
Touch-and-the-use-of-restrictive-physical-intervention-when-working-with-children-December-2017.docx