10. Order to End a Residential Placement, Making a Short Term Placement
We think the law needs to say something about people who are being kept in a care home other than a hospital and are not free to leave.
We think the law should put an end to people being put into care home services and having their freedom taken away without authorisation when they have no way of agreeing to this.
The law should also put a stop to arrangements in care home services that take away the freedom of an adult when they cannot agree to these arrangements. This could include being locked in a room or put in restraints.
Do you agree that the new law should include something about ending residential placement or arrangements that take away an adult's freedom?
Tell us more about this in the box below:
Short Term Placement
We understand that there are times when an adult must be moved quickly for their own safety and there might not be time to get their agreement because they are unable to make decisions for themselves.
We think there should be a short term care order in these situations.
We suggest that a group of different professionals should have a meeting to decide if an adult needs a short term care order. The meeting must include a Mental Health Officer.
We suggest that the placement should be for no longer than 28 days and can be renewed once. Any adult can appeal the decision.
Do you agree that there is a need for a short term placement order in the new law?
Please tell us if you have any other view on this.
Local Authority Services
The law says that local authorities can give care services to adults who need them even when the adults are unable to agree to have the service.
This can only happen if the local authority decides the service would help the adult. This can include moving the adult to a care home. This can only happen if there is no objection from the adult or anyone who says they speak for the adult.
Do you think the law should still let local authorities give care services to adults with incapacity in this way?
Please give reasons for your answers.