Sep 202018
 

Can anyone advise Steve please?

 

 A few years ago we developed a strategy for stair gates and room gates with our OTs and its now county wide.. The basic premise is of course we are engineers and not trained in the evaluation of risks and entrapment

Recently we came across a case to “ gate off” an adult. It seems to our investigation that this is well documented in care homes but not in ones own dwelling

 Has any panel got any experience that may help us

Thanks

 Steve Bloor  Shropshire Case Manager

stbloor@icloud.com

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  4 Responses to “Room gates for adults”

  1. Gnets

    We in Shropshire agree with you although OT’s say use on Court of Protection very very limited

    In care homes , its easy with the existing law and is often done and recorded.

    We adopt a principle of only making gates for children , requested and sent after full consideration as in our protocol

    We are engineers , not skilled professionals trained in hazard study and balancing risks

    We refer any parents to OT and such as fire brigades.

    In adults we do not do adult gates in view of problems above , although we would if the above court of protection work had been done .

    We have done a stair gate for an adult, submitted by the man who wanted to protect himself at night on his even toilet stroll as his balance was poor

    I remember another panel won an award for a device

    Thanks to all for the interest

    Steve Bloor

    • I think the subtle distinction is a care home/hospital are able to use something called the Deprivation of Liberty Safeguards, and obtain authorisation to deprive liberty from the local authority rather than the court. I imagine this is to streamline the process as there must be a high number of cases where this occurs in such environments.

      But in a private home, the route would be to apply to the Court of Protection.

      In either case, your point is well made that Remap should not attempt such work for an adult unless the necessary permissions have been secured by the carers. Even with children or young persons, if the request looks wrong/excessive, advice should be sought from the professionals in that field. That is not us.

  2. Hi yes I have made two gates to prevent people going downstairs in the night. But I believe now the carers would need to apply to the court to get permission to erect a gate to keep someone locked in a room. If you have the permission and I imagine it would be granted making a gate is easy. I made one that dropped down like s car park barrier and another with a catch neither could be locked. I think locking it would need the permission. Depends on the situation my info about permisdion came from a job that was never undertaken we had a client who the staff wanted to protect from another resident this were asking about a gate.

    • I think you’re right that it’s a court job Ashley. My take on this is whether the individual is free to go, and if not, are they able to consent to be confined. If the answer is no to both, then I would suggest there is a potential issue even if the individual is in their own/family home and being looked after by family. i.e. if they are being confined unnecessarily or disproportionately, it could give rise to a charge of false imprisonment.

      Now I dare say family members locking the house door to stop a confused member of the family wandering off down the street is probably quite widespread and done with the very best of intentions – but the same principle of law is likely to apply if the individual is not free to unlock the door and leave. I recall the case on this blog a few months back where the family wanted notifying of the departure of a family member with downs, but didn’t seek to prevent him leaving.

      So, it’s an application to the Court of Protection to justify that confinement against their will is in the individuals best interests, proportionate, and can’t be handled in any other way. If the court are in agreement, that removes any possible issue and would allow Remap to consider undertaking the work.

      In your case of the client being protected from another resident, a lock on the clients room that the client controls themselves would be fine of course.

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