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GOOD PRACTICE GUIDE Rights, risks and limits to …

1 rights , risks and limits to freedomGOOD PRACTICE GUIDE254654_Rights 119/03/2013 08:17254654_Rights 219/03/2013 08:173 Contents1 Restraint and limits to freedom what does it mean? Recognising restraint Who is at risk? Dilemmas for care staff differences of opinion Environmental design Legislation and regulation 92 Using this guidance 113 General principles Considering the use of restraint Direct physical restraint Direct mechanical restraint Locking the doors Wandering technology Video surveillance Passive alarms Medication as restraint Indirect limits to freedom 32 Appendix 1: A discussion of thelegal issues relating to restraint 33i Introduction 34ii Criminal law 35iii Civil law 36iv Legal justifications for restraint 36v Safeguards 38vi Human rights safeguards 40vii Restraint and the Adults with Incapacity (Scotland) Act 2000 43viii Restraint and the Mental Health (Care and Treatment) (Scotland) Act 2003 45ix Rest

1 Rights, risks and limits to freedom GOOD PRACTICE GUIDE 254654_Rights Risks_V2.indd 1 19/03/2013 08:17

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