Agenda item 8a Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) Positive approaches to behaviour that challenges (including restrictive physical interventions) Date of issue Date for review Approved by ` January 2012 January 2014 (or earlier as appropriate) Purpose To provide clear approaches and actions in order to promote high standards of practice in relation to supporting adults and children that might display behaviour that challenges. This operational guidance document has been produced as a good practice model and sets out how the expectations of Herefordshire Public Services (HPS) for all providers of health and social care for adults and children must be met. It applies to all services commissioned by or on behalf of Herefordshire Public Services. This document should be read alongside relevant Adult Protection / Safeguarding procedures. Introduction HPS acknowledge that some people using services may require support for behaviour that challenges, including the use of physical interventions, in order to prevent them from harm and to protect others. As part of their role working in health and social care services in Herefordshire, staff may be called upon to support individuals who may challenge the service that they use. In these circumstances staff will require a range of knowledge, skills and competence to enable them to work with and support service users effectively, safely and within the law, whilst facilitating choice, control and independence. HPS considers that physical intervention is only appropriate when it is used to prevent harm to the person and it is a proportionate response to the likelihood and seriousness of harm to that person or other people. Good quality care planning and service delivery helps to minimise the situations where restrictive physical interventions are necessary. Best practice uses de-escalation techniques and therapeutic approaches to help a person when they are exhibiting behaviour that challenges. The best way of dealing with any serious situations that could lead to physical intervention is to prevent them from happening in the first place. A proactive approach to forseeable risks is important. Staff will need to have a range of skills that will enable them to work effectively with January 2011 Page 1 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) service users and their families and prepare them for the types of difficult situations that might reasonably be expected to arise. Primary interventions should be in place to address a service user’s support needs in terms of health, communication, coping strategies and the environment. Secondary interventions should be used in an attempt to defuse, downplay, interrupt or redirect potential triggers to prevent escalation. Any form of restraint or restrictive physical intervention must only ever be used as a last resort. This operational guidance document provides the necessary detail to ensure that physical intervention is only used when necessary and then in an appropriate manner. This document builds upon the principles and framework set out in the HPS Policy Statement. Both proactive and reactive strategies must be in place to meet the specific needs of an individual, whilst not limiting opportunities or having an adverse impact upon the welfare or quality of life of the service user. This operational guidance applies to any service commissioned by HPS and is expected to be adopted by all services, unless the service can evidence an alternative guidance document that is deemed satisfactory by the Physical Intervention Coordinator. Duty of Care Service users have the right to do what they want and to go where they want unless limited by law. The inappropriate use of physical intervention is abuse and against the law and can constitute assault, battery or false imprisonment, which can lead to criminal prosecution. All health and social care services have a duty of care to keep service users safe from harm and to ensure their safety. This includes minimising the need for any restrictive physical interventions. There is a fine line between putting a service user at risk and enabling a service user to make their own choices and to take reasonable risks and it is therefore crucial that services have in place clear operational practice guidance and appropriate training for staff. All staff working within health and social care have a duty of care towards those they support and to follow agreed safe systems of work and comply with this operational practice guidance. It is the duty of everyone to raise concerns about poor practice or inappropriate use of any form of restrictive physical intervention and to report any such concerns in line with current Adult Protection or Safeguarding procedures Principles The following principles must, at all times, underpin practice that supports individuals January 2011 Page 2 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) when they display behaviours that are challenging: 1. All support provided to adults and children should be underpinned by the core values of individuality, choice and control, dignity and respect, inclusion and equality; 2. Other than in an extreme emergency, the decision to use any form of behaviour management or restrictive physical intervention must be based on individual circumstances and in accordance with an up-to-date risk assessment and behaviour management plan; 3. Any form of action to manage behaviour that challenges must be in the best interests of the service user and aimed at reducing risk, not securing compliance. Restrictive physical interventions must not be used so that something can be achieved more easily; 4. Service users must be assumed to have capacity unless it is established that they do not. This means that, unless the person does not have capacity, a restrictive physical intervention may only take place with their consent or in emergency to prevent harm or criminal damage; 5. Proactive approaches should be adopted to support and prevent behaviour that challenges, including the use of Primary and Secondary Preventions. Restrictive physical intervention must only be used as an absolute last resort after all other options to manage a situation have been reasonably exhausted. Under no circumstances must techniques that rely upon pain or the use of dangerous postures be used as a means of gaining control; 6. On any occasion when a behaviour management action or restrictive physical intervention is used a record must be kept and a debrief exercise carried out to support service users and staff and to reflect and learn from the situation. 7. Any behaviour management action, including restrictive physical intervention must only be performed by staff that are fully trained and up-to-date. Definitions of physical intervention For the purpose of this Operational Guidance physical interventions are defined as: Physical restraint – a physical restriction that prevents a service user moving around as they want; Physical intervention – direct physical intervention by another person which can involve the use of techniques to physically manage individuals movements; Denial of practical or staff resources to manage daily living; Chemical restraint – the use of drugs and prescriptions to change a service user’s behaviour; Environmental restraint – designing the environment to limit a service user’s ability to move as they might wish, including using furniture to limit movement; Electronic surveillance – this includes tags, exit alarms on doors and television January 2011 Page 3 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) cameras to monitor a service user’s movement; Medical restraint – various medical procedures impinge upon a service user’s life – such as catheters or feeding tubes. Individuals may attempt to remove these (for whatever reason) and people may take steps to prevent this; Mechanical restraint – including use of straps, lap belts, bed rails etc to limit the movement of the service user; Forced care – restraining a service user so that care might be carried out. For a physical intervention to carried out legally, the following criteria must be in place: Either: The service user has capacity and has approved that a restrictive physical intervention can take place in agreed circumstances, or The service user lacks capacity and it will be in their best interests, or The service user has capacity, but it is an emergency situation to protect them or others that might be harmed by their behaviour. And It is reasonable to believe that it is necessary to restrain the person to prevent harm to them, and The restrictive physical intervention is a proportionate response to the likelihood of the person suffering harm and the seriousness of that harm, and The restrictive physical intervention is used for the minimal time possible. The use of restrictive physical interventions should only be undertaken in an urgent or emergency where staff judge that they must intervene to protect the person, someone else or themselves. Full risk assessments need to be undertaken and the least restrictive action should be justified by properly trained staff. Planning, prevention and risk assessment There will be situations where staff can predict aggressive or violent behaviour, for example if the service users has a history of behaving in any particular manner. Under these circumstances there is time for proper preparation, planning and risk assessment to utilise resources from all areas, without compromising safety. On admission to the service and prior to the use of any restrictive physical intervention, the following contra-indications should be considered: Does the person have a history of: Cardiac problems Gastro-intestinal conditions Recent fractures or muscular problems Sever respiratory conditions January 2011 Page 4 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) Recurrent dislocations Hemiplegia Recent surgery Bone density issues Epilepsy Note – this is not an exhaustive listing. If any doubt exists, a medical assessment must be undertaken for any planned physical reactive strategies. Situations that may result in the need for physical intervention can often be prevented by: Close working between service users, their families, carers and staff – to assist with information sharing, planning and advance decision making. Increasing staff understanding of an individual’s behaviour – raising awareness of factors that might lead to the likelihood of aggression such as pain, high levels of arousal, abuse, confusion, poor self-esteem or inactivity. Developing support, activity and intervention plans – based upon a formal and comprehensive assessment, these plans should include a range of engagement, preventative and proactive approaches geared to the needs, preferences and interests of the individual. Developing risk assessments – considering, documenting and mitigating potential risks to minimise the likelihood of behaviour that can be challenging. The use of physical interventions can be minimised by adopting primary and secondary preventative strategies: Primary prevention includes: Ensuring the right number of staff with the right levels of competence are on duty; Person centred plans being up-to-date and responsive to an individual’s needs; Creating opportunities for service users to engage in meaningful activities, which include opportunities for choice and a sense of achievement; Helping service users to avoid situations that are known to provoke episodes of behaviour that can challenge; Developing staff expertise in working with service users who display behaviours that can challenge; Talking to service users, their families and advocates, as appropriate about the manner in which they prefer to be supported, and in particular at times when they are displaying behaviours that can challenge; Secondary prevention includes: Recognising the early stages of a behavioural sequence that may develop into a challenge or risk situation and employing non-physical defusion or de-escalation January 2011 Page 5 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) techniques or other agreed strategy. All preventative strategies should be carefully selected and reviewed to ensure they do not limit opportunities or have an adverse effect on the welfare or quality of life for service users. It is acknowledged that risk cannot be eliminated and positive risk taking should be encouraged. Appropriate steps must be taken to reduce the negative impact of any potential situation to an acceptable level. Staff will need to balance the risks of physically intervening against the risks of what might happen if they do not intervene. In certain situations it may be considered in the best interest of a service user to consider the use of physical intervention as part of a risk management strategy or to enable the provision of safe care. A documented risk assessment should be included on each service user’s personal file, detailing the worst reasonable outcome from a circumstance, the likelihood of this occurring and the measures agreed to mitigate the negative outcome. The measures should include primary and secondary preventative strategies and clear guidance on what to do if these should be unsuccessful. The assessment must state clearly the anticipated benefits of taking any physical intervention. Use of PLANNED physical intervention ‘The method (of intervention) chosen must balance the risk to others with the risk to the patient’s own health and safety and must be a reasonable, proportionate and justifiable response to the risk posed by the (user) patient’. Mental Health Act 2007, code of Practice, 15.19) ‘Anybody considering using restraint must have objective reasons to justify that restraint is necessary. They must be able to show that the person being cared for is likely to suffer harm unless proportionate restraint is used. A carer or professional must not use restraint just so they can do something more easily. If restraint is necessary to prevent harm to the person who lacks capacity, it must be the minimum amount of force for the shortest time possible’. (6.44 Code of Practice, Mental Health Capacity Act 2005) ‘A proportionate response means using the least intrusive type and minimum amount of restraint to achieve a specific outcome in the best interest of the person who lacks capacity. On occasions when the use of force may be necessary, carers and healthcare and social care staff should use the minimum amount of force for the shortest possible time. (6.47 Code of Practice, Mental Capacity Act 2005) The use of force to manage a circumstance or to disengage from harmful physical contact initiated by a service user will involve different levels of risk. Responses should be pre-planned, where possible and clearly documented for staff to see. Physical intervention must always be considered as a short term solution. Methods should be selected carefully to impose the least restriction of movement required to prevent harm, while attempts should continue to be made to achieve the desired outcomes with less restrictive interventions. January 2011 Page 6 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) Planned physical intervention should: Be agreed in advance by a mutli-disciplinary meeting working in consultation with the service user and or advocate; Be documented and incorporated into the user’s care plan or person centred plan, with a clear explanation of when the intervention may be appropriate, within the context of the individual’s broader personal needs; Take into account the capacity of the service user, as well as issues of informed consent and best interest; Only be implemented by staff who have completed appropriate training, accredited by BILD; Recorded in writing so that the methods deployed and the circumstance can be monitored and investigated, as appropriate; Be risk assessed and aimed at reducing risk, not securing compliance; Always be based on the minimum necessary force required. The plan must be signed-up to and agreed by the service user and or their advocate and a senior member of the service management team on behalf of the service. In most situations it is likely that two staff members will be present. In this circumstance, one person must be identified as the co-ordinator. This person will be responsible for leading the intervention and for communicating with the service user. Consideration must be given to the skill, confidence and availability of staff as to who is best placed to co-ordinate during an incident. This decision must be recorded. Where only a single member of staff is available, detailed arrangements about how best to manage a forseeable situation must be clearly documented in a risk assessment. EMERGENCY circumstances Unplanned or emergency use of physical interventions may be necessary in unforeseen circumstances or when preventative strategies have failed. It is recognised and acknowledged that the risks to all concerned may be greater in an emergency situation. An effective risk assessment procedure together with well planned preventative strategies will help keep emergency situations to a minimum. Staff should be aware that, in an emergency, the use of physical intervention can be justified if it is reasonable to prevent injury or serious harm. Any force used must be reasonable and proportionate, taking into account as best possible the prevailing circumstances. Where possible any intervention in an emergency situation should be led by the person most appropriately trained and skilled to deal with such an incident. In no circumstances should pressure be applied to the neck, thorax, abdomen, back or pelvic area. Neither should weight be placed on the service user’s chest wall or force the head and or neck into the chest. January 2011 Page 7 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) Any use of emergency physical intervention must be documented, recorded on the service user’s file and reported to the Physical Intervention Co-ordinator within five working days of the incident. Within 10 working days of the emergency incident the service manager is responsible for carrying out and documenting a review of the circumstance and putting in place appropriate strategies to minimise the risk of a repeat of the emergency situation. A copy of the review and plan should be forwarded to the Physical Intervention Coordinator within 15 working days of the incident. Physical care during intervention If during the use of a restrictive physical intervention any of the following occur, then the intervention must be terminated immediately and medical assistance sought. Breathing difficulties (hyperventilation / hypoventilation) Seizure activity Vomiting Cyanosis (blue colouration of body parts) Mottling – paleness / yellowness of the body part Broken bones Other signs of medical distress The second person in attendance during the incident is designated as the ‘Monitor’ and must monitor and record the service user’s vital signs, as far as is practically possible. The overall physical and psychological well-being of the service user should be continuously monitored throughout the process. If in doubt seek medical assistance urgently. Post intervention support Incidents that involve behaviour that challenges and or the use of physical intervention can be distressing and lead to a range of emotional reactions. In order to minimise any negative impact this may have, the service must ensure that support is made available to the service user and separately to the staff involved, with consideration given also to others that may have witnessed the episode. This may include debriefing, providing advice and information or enabling time-out. Consideration must be given to providing ongoing support, as appropriate, to service users directly or indirectly involved, staff, carers or other family members or visitors who witnessed the incident, whether professionals or not. Immediate support to debrief this situation should be made available and prior to staff leaving duty. This is not a form of support that a staff member can opt out of. Service users and others may decline this type of support. A record of the support offered / given and by whom should be kept as part of the January 2011 Page 8 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) recorded information. Staff and service users should be given separate opportunities for debriefing. It is the service manager’s responsibility to ensure appropriate support is in place. All discussions should take place in a helpful and supportive environment and within the usual limits of confidentiality. Post incident analysis of the situation should involve a discussion of why the incident happened, what worked well and not so well, enabling a more positive proactive strategy for the future. The service must review the incident, reflect about how it was handled and use the learning to inform and improve future practice. A documented learning log should be produced and shared with staff, as appropriate – a copy should also be sent to the Physical Intervention Co-ordinator. A record of the incident must also be noted in the service user’s personal file and reported in accordance with health and safety requirements. The service user, their advocate and other key people should be involved in the post incident analysis, either in a shared meeting or individually as suits them best. Any concerns about the use of the physical intervention or if a service user is unhappy about the manner in which they have been treated then the Adult Protection or Safeguarding Procedures must be initiated. Record Keeping A physical intervention record must be completed for each incident and include as a minimum: The date, time and duration of the incident; Antecedents - what led to the incident; The level of aggression or violence; What action was taken, with details of all techniques tried and used, by whom and for how long; What were the key stages of the intervention and the timings; Who was in attendance and in the vicinity and what their role was; Details of health and vital signs monitoring; How long it took to bring the situation under control and duration of the overall situation; Details of any injuries to the service user, staff or others and how these were dealt with; The eventual outcome of the intervention; Subsequently the details of any post incident support should be recorded for completeness. It is important that ambiguous terms are avoided, with a clearly detailed account of the January 2011 Page 9 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) incident being kept. The report must be written up within 24 hours and must be kept in a Restrictive Physical File within the service, with access made available for the purpose of service monitoring or quality assurance. A summary note of restrictive physical interventions used within the service should be forwarded by the service manager to the Physical Intervention Co-ordinator on a monthly basis to allow for follow-up support, as appropriate. Where an injury has been sustained during a restrictive physical intervention, this must properly be recorded in the health and safety incident book. Training and Implementation All staff must be made aware of this operational guidance. All staff working in health and social care services in Herefordshire should have access to training, as identified through the service’s training needs analysis and risk assessment processes. Issues in relation to behaviours that challenge is a mandatory requirement as part of any staff member’s induction and subsequently, as appropriate. Staff will receive training in the appropriate use of physical interventions relevant to their work setting and the levels of risk identified at their workplace using this guidance document. Staff that carry out functions in relation to risk assessment, primary and secondary prevention and positive behaviour support must have the necessary knowledge, skills and competences to fulfil such work. Staff that might be required or expected to carry out any intervention to manage behaviour that challenges must be appropriately trained and up-to-date with that training. All staff employed within this service will have been designated as someone who can or cannot use restrictive physical intervention in an agreed and planned manner, in line with documented approach for an individual service user. A list of staff approved to use restrictive physical intervention must be kept up-to-date at all times. For those staff designated as approved, training must be provided to the extent of any likely intervention. For some this may simply awareness, for others it may mean comprehensive breakaway and hold manoeuvres. All training in relation to restrictive physical interventions must be delivered by an Approved Training Centre that is accredited to deliver such training in accordance with the current BILD code of Practice. It is the responsibility of service to ensure that only trainers that are suitably qualified, skilled, experienced and competent are permitted to deliver the required training. Participants on any form of physical intervention training must be deemed competent by the trainer before they are authorised to carry out any form of intervention. The trainer will maintain a record of trained staff and make this available to the Physical intervention Co-ordinator. All staff that are trained to carry out restrictive physical interventions must also be January 2011 Page 10 of 11 Herefordshire Public Services DRAFT v2.0 Positive approaches to behaviour that challenges (including restrictive physical interventions) appropriately trained to administer emergency medical support. Correct procedures must be taught during training, with emphasis on monitoring vital signs. Further information Guidance for Restrictive Physical Interventions – Department of Health, 2002 BILD Code of Practice for the use and reduction of physical interventions, Third Edition, 2010 In addition to the guidance above there is a range of legislation that applies to physical intervention. This includes: The Human Rights Act 1998 Health and Safety At Work Act 1974 Care Standards act 2000 (Amended 2005) Mental health Act 1983 (Amended 2008) Mental Capacity Act 2005 Health and Social Care Act 2008 The Deprivation of Liberty Safeguards 2009 Criminal Law Act Further advice, information or guidance can be obtained from the Physical Intervention Co-ordinator. The Physical Intervention Co-ordinator is responsible for updating HPS Commissioners on policy development, relevant health and safety information and upto-date sector guidance. Review This document has been produced on behalf of Herefordshire Public Services to ensure that all services providing health and or social care services in Herefordshire have a consistent and acceptable approach to managing behaviours that challenge. A review of the content will be carried out every two years on the date identified on the front page, unless amendments or changes are required in advance of that date. The Head of Improvement within the People Services Directorate will ensure this document is reviewed and updated appropriately. th AJH / 30 January 2012 January 2011 Page 11 of 11