To ask the Scottish Executive what guidance it issues in relation to the use of Kirkton chairs and other forms of restraint in nursing homes.
The Regulation ofCare (Scotland) Act 2001 removed the statutory distinctionbetween residential care homes and nursing homes. All such services are now registeredas care homes, as defined in that act.
The National CareStandards for care homes for older people require care home providers to have awritten policy and procedure on the conditions under which restraint is used,and that staff are fully trained and supported in the use of restraint. Providersshould also include in a resident’s personal plan any measures of restraint whichstaff may have to use for their own safety or the safety of others. Restraint shouldonly be used when it is necessary and after other forms of intervention have beenthoroughly tried and found to be unsuccessful, or where there is a specific legalrequirement.
The Regulation ofCare (Requirements as to Care Services) (Scotland) Regulations 2002 require carehome providers to ensure that no resident is subject to restraint unless it is theonly practicable means of securing the welfare of that or any other service userand there are exceptional circumstances. Providers are also required to keep a recordof any occasion on which restraint or control has been applied to a resident, withdetails of the form of restraint or control, the reason why it was necessary andthe name of the person authorising it.
The Care Commissionregulates care homes against the requirements in the Regulation of Care (Scotland) Act 2001 and its associated regulations, taking accountof the National Care Standards. It has a wide range of enforcement powers at itsdisposal should a provider fail to meet these requirements.