Topic B - Forensic Psychiatry > Section B.7.0. Forensic Issues > Unit.B.7.3. Restraint/Seclusion

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Unit.B.7.3. Restraint/Seclusion

Australia
focus points
"The debate about the appropriateness of seclusion as a nursing practice in inpatient settings in the 21st century continues, with powerful and often emotive arguments from those who view it as an anachronistic and punitive form of ward management, and from others who see it as a useful emergency measure to protect individuals from imminent harm. This is the first paper, however, to focus on legal and ethical issues in relation to the use of seclusion, with policies and practices in Australian psychiatric institutions viewed within the context of worldwide trends. The interplay of ethical principles and international mental health law has encouraged a move towards the provision of care and treatment of the disturbed psychiatric patient within the least restrictive environment, supposedly reducing the potential for the inappropriate use of control mechanisms. Nevertheless, current legislation can be seen to preserve the status quo because it legitimizes seclusion as an acceptable nursing practice, albeit within given parameters, thereby defusing the imperative to promote the reduction and abolition of psychiatric control mechanisms and seek new possibilities in mental health care" (Muir-Cochrane & Holmes, 2001, p. 501).

 

Canada
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International
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Scotland
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"There are considerable differences between he USA and the UK, in terms of the practice of inpatient care, particularly in the use of restraint. The American system defines restraint in terms of physical, mechanical and chemical restraint. Of which only physical and mechanical are used in the UK" (Macilwaine, Watson, MacKenzie, 1999, p. 27).


"There is a lack of clarity in the literature about the key concept of restraint. The British and American literature use the concept differently and there is considerable variation on practice between the USA and the UK" (Macilwaine, Watson, MacKenzie, 1999, p. 27).

"The frequent and routine use of the mechanical restraints in the USA is at odds with British practice where such restraints are not used routinely, even within forensic facilities" (Macilwaine, Watson, MacKenzie, 1999, p. 27).

"The need to define and measure the concept more accurately is apparent, as is the need to relate the frequency of use to patterns of nursing education and nursing practice culture" (Macilwaine, Watson, MacKenzie, 1999, p. 27).

Restraint: "In the state of Massachusetts, the legal definition of restraint is quite complex. Restraints may only be used in emergencies when the patient exhibits behaviour which demonstrates immediate treat to himself or others. In addition restraint is subdivided into three types. Physical- the use of people to restrain the individual. Mechanical- the use of restraints which can be made of leather or clothe and can be used to pinion the person to a bed or trolley. These can be four point: i.e. both writs and both ankles, or two point: i.e. wrist restraints or even nine point - both wrists and ankles, and five pints restraining other parts of the body and the whole body" (Macilwaine, Watson, MacKenzie, 1999, p. 28).

United Kingdom
focus points

"The three Special Hospitals for England and Wales, Broadmoor, Rampton and Ashworth (formerly Moss Side and Park Lane), cater for those patients who are deemed dangerous, violent or have criminal propensities" (Mason, 1994, p. 54).

"In the general psychiatric field, some hospitals provide a seclusion room as part of their repertoire for dealing with extremely disturbed individuals, whilst others do not" (Mason, 1994, p. 54).

"From the literature reviewed on the use of seclusion and restraint in Canada, it appears that they are bedevilled with the same thorny issues that other countries face, but accept that limitation of freedom of movement in itself has no therapeutic benefit and is necessary only for the application of other treatments" (Mason, 1994, p. 55).

"Sceenivasan (1983) notes, "mechanical restraints are used for geriatric patients seven times more often in Canada as in Britain". A growing concern over the levels used" (Mason, 1994, p. 56).

"Concerns are expressed in regards to the legality of seclusion, which the psychiatrized countries addressing the civil and human rights of the patients in the courts of law and the non-psychiatrized Laotian referring the use of restraints to the police" (Mason, 1994, p. 59).

"The legal position of restraint is clarified by the Mental Health Act (1983) and the Code of Practice (1993) which dedicates a chapter to patients with management problems and says that "any restraint must be reasonable in the circumstances. It argues that restraint must be the minimum necessary to deal with the harm being prevented" (Chandley & Mason, 1995, p. 22).

"Seclusion has as much to do with myth and magic as with madness and science" (Mason, 1997, p. 15).

"Seclusion and the moon share a popularly held cause-and-effect relationship" (Mason, 1997, p. 15).

"Seclusion, in one form or another, is a universal phenomenon (Mason, 1994).Seclusion is used both in Westernized psychiatric settings (Mason, 1994) and traditional folk societies" (Westermeyer & Kroll, 1978; cited in Mason, 1997, p. 15).

"The perceived relationship between psychiatric disturbances and the moon appears to be related to the established "scientific" fact that the moon affects the Earth's tides, and thus, to some extent, weather conditions" (Mason, 1997, p. 16).

"This relationship was posited by Hippocrates some 2,500 years ago when he explained that "one who is seized with terror, fright and madness during the night is being visited by the goddess of the moon"." (Geller & Shannon, 1976; cited in Mason, 1997, p. 16).

"This study found no correlation between the use of seclusion and the lunar cycle, but the limitation inherent in the data collection and analysis were sufficient to warrant further investigation" (Mason, 1997, p. 16).

United States
focus points

"The purpose of this study was to learn about the experience from the experience of seclusion from the patients perspective, including the associated feeling thoughts and beliefs that patients hold about the process" (Martinez, Grimm & Adamson, 1999, p. 13).
"A deeper understanding of patient experiences may assist staff in defining appropriate care for patients who may benefit from this highly restrictive intervention" (Martinez, Grimm & Adamson, 1999, p. 13).

"Other potential benefits from this study include receipt of patient input that might create the benefit for shorter seclusion episodes, or better yet seclusion prevention" (Martinez, Grimm & Adamson, 1999, p. 13).

"Patient participants viewed seclusion as a form of punishment that maintains physical, and at times psychological control over the secluded person" (Martinez, Grimm & Adamson, 1999, p. 22).

"A seclusion episode should serve no greater function than simply containment or preserving safety. During this period of crisis for patient, they felt an even greater need for a therapeutic intervention" (Martinez, Grimm & Adamson, 1999, p. 22).

"Environmental, procedural and attitudinal changes were emphasized by the patients in this study as a means to enhance the therapeutic potential of seclusion" (Martinez, Grimm & Adamson, 1999, p. 22).

Focus Points Reference

Macilwaine, H., Watson, C., MacKenzie, I.(1999). Restraint versus restraints: Defining the concepts for review and measurement. The British Journal of Forensic Practice, 1 (3), 27-33.

Martinez, R. J., Grimm, M. & Adamson, M. (1999). From the other side of the door: Patient views of seclusion. Journal of Psychosocial Nursing, 37 (3), 13-22.

Mason, T. (1994). Seclusion: An international comparison. Med. Sci.Law, 34 (1), 54-60.

Mason, T. (1997). Seclusion and the lunar cycles. Journal of Psychosocial Nursing, 35 (6), 18-23.

Muir-Cochrane, E. C., & Holmes, C. A. (2001). Legal and ethical aspects of seclusion: An Australian perspective. Journal of Psychiatric & Mental Health Nursing, 8(6), 501-506. Retrieved December 31, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=5691508&db=aph



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From 'forensic presentations' in the forensic sourcebooks the following presentations have been selected for this unit:

Unit.B.7.3. Restraint/Seclusion

Australia
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Canada
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International
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United Kingdom
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United States
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This section will continually be added to with guest presentations from forensic experts locally, nationally and internationally and with student presentations.

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From 'forensic cases' in the forensic sourcebooks the following case studies have been selected for this unit:

Unit.B.7.3. Restraint/Seclusion

Australia
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Canada
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International
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United Kingdom
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United States
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From 'forensic experts' in the forensic sourcebooks the following panel of experts has been selected for this unit:

Unit.B.7.3. Restraint/Seclusion

forensic panels of experts

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Australia
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Canada
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International
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United Kingdom
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United States
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