This 32-minute video is a response to questions about the legal, regulatory and guidance aspects of physical restraint (“safe holding”) with older people in care who present with distressed behaviours or behaviours which could harm themselves or others.  It covers, in brief, the following issues to be considered:

  • Personal Safety/Violence Risks in Health & Social Care 
  • HSE Awareness of the need to inspect services for Violence Risk compliance
  • Manual Handling Guidance re: Resistance to Personal Care tasks
  • Regulation 3 Risk Assessment re: Distress/Resistance/Violence
  • Regulation 13 Training re: changing behaviours and risks 
  • Healthcare Guidance Review for Scotland
  • Mental Welfare Commission for Scotland Guidance on Restraint
  • MWC guidance about the resistance to basic care needs and Right to Treat
  • SCSWS guidance on restraint
  • RCN guidance on restraint
  • Legislation review for Scotland (Human Rights, Adults with Incapacity, Care and Treatment Act)
  • Care Service Regulations (Scotland)
  • Discussion of the Principles of Reasonable Force (last resort, exceptional circumstances, least restrictive option)
  • Legal Cases where Care Homes have been prosecuted and/or fined
  • NHS guidance on Training

The guidance referred to in the video is listed (with links to the PDFs) as follows:

  1. Royal College of Nursing RCN Lets Talk about Restraint
  2. Care Commission Restraint in Adult Services Guidance SCSWIS restraint_guidance_-_adult_services
  3. Mental Welfare Commission rights_risks_2013
  4. Mental Welfare Commission Right to Treat
  5. Mental Health Act Code of Practice MHA_Code_of_Practice2015
  6. Dept of Health A positive and proactive workforce
  7. NHS Conflict_resolution_training_guidance_July_2013
  8. National Institute for Clinical Excellence NG10 NICE Guideline
  9. Mental Welfare Commission use_of_seclusion
  10. Mental Welfare Commission mwc_deprivation_of_libertyanalysis-2
  11. Mental Welfare Commission mwc_zerotolerance_web

Dynamis training courses which are relevant to this area are:

SAFE CARING https://www.dynamis.training/safe-caring/ Personal Safety for Care Assistants

SAFE HOLDING https://www.dynamis.training/safe-holding/ Understanding Restraint and Holding Skills

DE-ESCALATION https://www.dynamis.training/training-courses/conflict-management/  Professional Conflict Communications 

To contact Gerard please call our office at 0844 812 9795.