1. Promoting positive behaviour

3. What is challenging behaviour?
A person's behaviour can be defined as "challenging" if it puts them or those around them at risk, or leads to a poorer quality of life. It can also impact on their ability to join in everyday activities. Challenging behaviour can include aggression, self-harm, destructiveness and disruptiveness. guide/Pages/challenging-behaviour-carers.aspx

4. 1. Understand restrictive interventions in health, social care or early years contexts
P1 Identify legislation in relation to restrictive interventions in health, social care or early years settings

5. What does the law say you can do?
What can you do if you are confronted with ‘challenging behaviour’: At work In a public place At home
In a pair, discuss what you think the law might say you can or can’t do when you feel you need to intervene in a situation to protect yourself, other people or property.
Write your ideas down.

6. Common law
Also know as Case Law or Precedent… When judges makes rulings on issues that are ‘one off’ individual cases, but have a precedential effect on the future. People often describe the ability to use ‘reasonable force’ when dealing with challenging behaviour.

7. Explain in your own words…
There is no definition of what ‘reasonable force’ is in common law. Each case is decided on a case by case bases.
Explain in your own words…
What does it say about ‘reasonable force’. Give an appropriate example for health care, social care or working with children.
What is common law?

8. The Human Rights Act 1998
The Act of Parliament which incorporates the rights and freedoms guaranteed under the European Convention on Human Rights.
Human Rights belong to everyone.
They are about your freedom to do things and about being free from intrusion. They affect the choices you are able to make and how you are able to make them

9. https://www. youtube. com/watch
Also do some individual research on the following website: Equality and Human Rights Commission rights/human-rights-act

10. Which freedom or right do you value the most and why?
If you could only have 5 – which would be the most important?
What if you were told you couldn’t have that right or freedom any more– how does that make you feel?

11. Human Rights & Challenging Behaviour
In pairs discuss the following two questions: How does the Human Rights Act help professional deal with challenging behaviour when it occurs? How does the Human Rights Act aim to reduce challenging behaviour? Now join with another pair and share your ideas. Agree on and write a paragraph explaining your ideas.

12. Mental Capacity Act 2005
An Act of Parliament which provides the legal framework to protect and empower adults (ages 16+) who are unable to make decisions for themselves, this may be because they have a disability, mental health illness or ‘disturbance’ of the brain. It is really important to remember… Just because someone may have learning disability, for example, it doesn’t mean they are completely incapable of making ANY decision about their life! or Just because someone is 94 that they are completely incapable of making ANY decision about their life!

13. Golden Rules of Capacity!
Assume capacity
Provide all practical help to make the decision
Respect decision even if unwise
Take best interests decisions
Take least restrictive option

14. Golden Rules of Capacity!
Assume capacity
Provide all practical help to make the decision
Respect decision even if unwise
Take best interests decisions
Take least restrictive option

15. How can we judge if someone lacks capacity?
The MCA says that a person lacks capacity if:
They have an ‘impairment in or disturbance of the functioning of the mind or brain’ that causes an inability to:
Understand the information about the decision; or
Retain the information relevant to the decision; or
Use or weigh up the information relevant to the decision; or
Communicate the decision
Decisions about a persons capacity to make decisions should be taken on a case by case bases.
For example I may be better at making decisions in the morning, or after I have eaten, or taken my medication!
I may not have the capacity to make decisions about what I do with all of my money, but that doesn’t mean I don’t have the capacity to decide how much I spend on my lunch each day or what I have!

16. What could go wrong?
How many of you have made an unwise decision? Have your parents made unwise decisions? Does making one unwise decision stop you from doing it again? Just because I have a disability or I am old, or I am dependant on others for my care doesn’t mean I can’t take risks, have fun or make mistakes! Think about Jack…

17. Over to you…
Look at the example of challenging behaviour. Discuss it on your tables. What do you think you can do to intervene or prevent it from getting worse, taking into account what you already know about legislation.

18. Mental Health Act 1983 and 2007
This piece of legislation tells people with mental health problems what their rights are regarding:
assessment and treatment in hospital
treatment in the community
pathways into hospital
Many people who receive inpatient treatment on psychiatric wards have agreed to go into hospital as informal patients 
(also known as voluntary patients).
However, roughly half are in hospital without their agreement as formal patients. This is because they have been detained under the Mental Health Act (often called being sectioned).

19. The term ‘sectioned’ refers to the different sections or parts of the legislation that say different things.
People with serious mental health illness can be ‘detained’ with or without their agreement for:
Assessment
Treatment
Their own safety
The safety of others
In 2007 some small changes to the act were made which included:
Additional ‘safeguards’ about the use of ‘electroconvulsive therapy’ i.e. putting electrical charges into the brain.
That people should get ‘age appropriate’ treatment and care

20. More useful information

21. The Health and Safety at Work Act 1974
An Act of Parliament which regulates health and safety of employees, visitors and people using a service in the workplace. Sets out of definition of ‘workplace’ In health and social care this can be anywhere! Section 2 – Duty of Care It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. How does this relate to challenging behaviour?

22. Police and Criminal Evidence Act 1984
PACE sets out to strike the right balance between the powers of the police and the rights and freedoms of the public. Maintaining that balance is a central element of PACE.
The PACE codes of practice cover:
stop and search
arrest
detention
investigation
identification
interviewing detainees
Section 4 of PACE also gives the Police and CPS the options to identify a person as a ‘vulnerable’ victim, witness or perpetrator of crime.
This means that the additional support can be given to the person to help support them give a statement or evidence.

23. Education and Inspections Act 2006
This advice is aimed at governing bodies, head teachers and school staff in all schools, early years settings and colleges. It is intended to provide clarification on the use of force to help school staff feel more confident about using this power when they feel it is necessary and to make clear the responsibilities of school leaders and governing bodies in respect of this power. Remember the term ‘reasonable force’? What might this mean in an education setting?

25. Criminal Law Act 1967
A person may use such force as is reasonable in the circumstances for the purposes of: • self-defence • defence of another • defence of property • prevention of crime • lawful arrest. In assessing the reasonableness of the force used, prosecutors should ask two questions: Was the use of force necessary in the circumstances - Was there a need for any force at all? and Was the force used reasonable in the circumstances?

26. P1 Identify legislation in relation to restrictive interventions in health and social care, or early years.
Name of Legislation / Guidance
What are the key points of the legislation?
How might it restrict individuals?
How might it be used by professionals when intervening in challenging behaviour?