Limitations On Physical Restraint
The Mental Capacity Act 2005:
Deprivation of Liberty Safeguards
Limitations on Physical Restraint
Sometimes you will need to use restraint on a person who lacks capacity. Whilst you are protected from liability and criminal charges, there are specific guidelines on the use of restraint and these should be followed at all times. Who can be restrained?
If restraint is used, you must reasonably believe that the person lacks capacity to consent to the act in question, that it needs to be done in their best interests and that restraint is necessary to protect the person from harm.
Why should it be used?
If you have reason to believe restraint is necessary in order to protect the person from harming themselves or others.
What should you do?
Your actions must be a proportionate and reasonable response to the likelihood of the person suffering harm and the seriousness of that harm.
How should you do it?
Restraint can include physical restraint, restricting the person's liberty of movement and verbal warnings. It cannot extend to depriving a person of their liberty.
Deprivation of Liberty Safeguards
Limitations on Physical Restraint
Sometimes you will need to use restraint on a person who lacks capacity. Whilst you are protected from liability and criminal charges, there are specific guidelines on the use of restraint and these should be followed at all times. Who can be restrained?
If restraint is used, you must reasonably believe that the person lacks capacity to consent to the act in question, that it needs to be done in their best interests and that restraint is necessary to protect the person from harm.
Why should it be used?
If you have reason to believe restraint is necessary in order to protect the person from harming themselves or others.
What should you do?
Your actions must be a proportionate and reasonable response to the likelihood of the person suffering harm and the seriousness of that harm.
How should you do it?
Restraint can include physical restraint, restricting the person's liberty of movement and verbal warnings. It cannot extend to depriving a person of their liberty.