- 2.4 Reviewing available information and making valid decisions
- 2.3 Using factual data, recommendations, suggestions, and ideas in a logical and purposeful manner to inform decision making
- 1.4 Strategies for keeping aware of own stress levels and for maintaining wellbeing
- 1.1 Elements of management decision-making
- Unit 10- Decision Making in Adult Care NVQ Level 5
- 1.2 Values, belief systems, and experiences affecting working practice
- 2.4 Adapt communication in response to the emotional context and communication style of others
- 1.1 Emotions affecting own behavior and the behavior of others
- 2.2 Providing support to engage others in the decision-making process
- 2.1 Evaluating range, purpose, and situation for effective decision making
- 4.3 Prioritize own development goals and targets
- 4.4 Use personal and professional development planning
- 4.2 Establish own learning style
- 4.1 Evaluate own knowledge and performance
- 4.2 Ways in which team members are supported to understand their role in safeguarding children and young people from danger, harm, abuse, or exploitation.
- 4.1 Reasons adult care practitioners need to be aware of national and local requirements that seek to ensure the safety and wellbeing of children and young people.
- 3.7 Demonstrate ways of assessing the effectiveness of risk management practice
- 3.6 Demonstrate positive approaches to risk assessments
- 3.5 Revise plans to take account of changing circumstances
- 3.4 Delegating responsibilities to others
3.2 Legal requirements around restrictive practice
Course: NVQ Level 5 Diploma In Leadership & Management for Adult Care
Unit 8: Safeguarding, protection and risk
LO3: Understand restrictive practice and potential impact
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3.2 Legal requirements around restrictive practice
There are many legal requirements that need to be considered when implementing restrictive practices. This includes ensuring staff are appropriately trained and have a clear understanding of the reasons why restrictive practices are being used, as well as complying with relevant legislation. It is also important to regularly review the use of restrictive practices to ensure they remain necessary and effective. By taking into account all of the relevant factors, organizations can help to ensure that restrictive practices are used safely and in a way, that benefits the person receiving them.
Liberty Protection Safeguards/Deprivation of Liberty
The Mental Capacity Act (2005) introduced the concept of deprivation of liberty, which is a legal term used to describe when someone is deprived of their liberty in a way that does not comply with their human rights. A person can be deprived of their liberty if they are being held against their will, or if they are not able to leave a certain place or take certain actions because of the restrictions that have been placed on them.
The Mental Capacity Act (2005) introduced a set of Liberty Protection Safeguards (LPS), which are measures that must be put in place to protect the rights of people who are deprived of their liberty. These safeguards include things like independent reviews and regular checks to ensure that the person is being treated fairly and that their rights are still being respected.
Organizations that use restrictive practices must take into account the Liberty Protection Safeguards when making decisions about how to best support the person.
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Assessing mental capacity, including the work of the Independent Mental Capacity Advocates
When making decisions about restrictive practices, it is important to assess the person’s mental capacity. This includes finding out if they have the ability to understand information and make decisions for themselves. If a person does not have the mental capacity to make their own decisions, then an appropriate decision-maker must be appointed to make decisions on their behalf.
One of the roles of the Independent Mental Capacity Advocate (IMCA) is to help organizations make decisions about restrictive practices. They can provide information about the person’s mental capacity and help to ensure that any decisions made are in their best interests.
The IMCA will also be involved in reviews of restrictive practices, to make sure that they are still necessary and effective.
Organizations must ensure that they are following the relevant legislation when implementing restrictive practices. This includes the Mental Capacity Act (2005) and the Liberty Protection Safeguards. They must also ensure that they are taking into account the views of the person, their family, friends, and IMCA, when making decisions about restrictive practices. By doing this, they can help to ensure that the person’s rights are always respected.
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