Question re Human Rights

[BeckyJan]

My friend's hubby has been sent back into an Assessment Ward having been fairly settled in a NH.

Mainly he sleeps but occcasionally has outbursts of 'verbal diarrhea'.

In the Ward there is an extremely disruptive patient. He destroys furniture, urinates anywhere, thrashes about!!

The staff are locking 'nearly normal' patients in their rooms to avoid this guy destroying their rooms.

Is it against Human Rights to be locked into one's bedroom for no reason?

I do feel my friend and her colleagues in the Ward have some cause for concern.

Advice please!!!!!!

Love Jan

 

[jenniferpa]

On the face of it, it seems totally unreasonable that the non-disruptive patients should be locked in to avoid the disruptive patient. Are all these people sectioned? Because if not, this would seem to be a situation where a DOLs (deprivation of liberty assessment) should be made. If they are sectioned, I think the rules are different although it still seems to me that it's the disruptive patient that should have his access restricted rather than the other way around.

 

[BeckyJan]

Thanks Jennifer: This is why I raised it. My friend does not want to cause 'problems'. It seems to me the guy causing the disruption needs to be sectioned (the others are not as the Assess Unit does not cope with sectionable folk). Unfortunately our one MH Consultant (part time) is away SICK!!! In the meantime the nurses are expected to cope.

I wanted to be sure of my facts before I said to my friend and her son 'go in and insist this is a human rights issue - my father should not be locked in his room!!'.

Jan

 

[TinaT]

In the assessment ward my husbband was in, they put the disruptive patient in his own room. Instead of locking the door a member of the staff sat in front of the door and prevented the man from coming out. ~They said that they were not allowed to lock the door as it was against human rights.

xxTinaT

 

[BeckyJan]

Thanks Tina:

So to spell it out: if it is against Human Rights to lock the door of a disruptive patient, is it right to lock the door of other, less disruptive, patients?
These nurses in the Ward are ok but they are the ones who completely mishandled my husbands CC Application

How are you doing now Tina? Are you more active? As I type my right leg is suspended in the air - not pretty!!!

Love Jan

 

[ella24]

Hiya

as far as I understand it, unless someone is 'sectioned' and detained under the mental health act, then they cannot be detained in a room/ward/hospital.

For arguments sake, lets say that it was not an assessment ward, but a general hospital ward/ortho ward. If someone was agressive, then THAT PERSON would if necessary be detained under the MHA, it would not be dealt with by detaining / restraining the other patients.

The issue of whether it is an assessment ward is actually secondary, I believe, to what any professional should do with a disruptive patient.

Not sure I helped?

 

[ella24]

this seems to explain it

http://www.mind.org.uk/help/rights_...ts_guide_1_civil_admission_to_hospital#detain

see Q If I am an informal patient and try to leave hospital, will I be sectioned?

 

[jenniferpa]

It seems clear that the disruptive patient should be sectioned as he is clearly a danger to other patients. If the MH consultant is away sick then someone else should step up to the plate - it doesn't HAVE to be the consultant doing the sectioning. In your friends case I would put in a formal complaint about the unnecessarily restrictive situation in which her (husband?) finds himself. Honestly, I don't even think it's legal to do this - what about fire safety, quite apart from the illegal restraint aspect of all this?

 

[TinaT]

Well to put it another way in answer to Becky - no one was actually locked in a bedroom but one disruptive man was prevented from coming out by a nurse sitting in front of the door physically holding the door shut!! Sounds a bit like trying to technically get around the human rights law to me.

I will never, ever again willingly go into hospital for any kind of bone operation! I'm getting on the best side of it now. I can walk unaided for short periods. I look a bit like a drunken sailor but I'm glad I'm now up and kicking again. I'm also driving (its 6 weeks today since my op) but its quite 'unofficial' as I've been told by the hospital that I cannot drive for another month. I'm being careful and only going short distances but OH!! the feeling of freedom again after having to rely on others good will.

I'm so sorry that you are still recovering from your op Becky. When have you been told you can start to resurface? How are YOU feeling. I hope you are not now in too much pain. Please let me know.

xxTinaT

 

[jenniferpa]

And further to Ella's link

11. Restraint
Section 6 of the MCA allows a person who lacks capacity to make a particular decision to be physically restrained in order to prevent him or her from being harmed. The restraint must be proportionate to the likelihood of the person suffering harm and also to the seriousness of that harm. Article 5 of the European Convention on Human Rights (the Convention) says that except in very limited circumstances, people cannot be deprived of their liberty. The MCA therefore states that any restraint under section 6 must not amount to a deprivation of liberty as defined by the Convention. A useful example is someone who does not have the mental capacity to be aware of road safety. It would be acceptable for a relative or carer to physically stop the person from walking into the road. However, it would not be acceptable for the relative or carer to keep the person locked in at all times to prevent them going near traffic.

From http://www.mind.org.uk/help/rights_...rview_and_key_provisions_of_the_mental_capaci