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Dementia: ethical issues - Nuffield Council on Bioethics

Dementia: ethical issues - Nuffield Council on Bioethics

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<str<strong>on</strong>g>Dementia</str<strong>on</strong>g>: <str<strong>on</strong>g>ethical</str<strong>on</strong>g> <str<strong>on</strong>g>issues</str<strong>on</strong>g><br />

a guide to the report<br />

13<br />

Balancing freedom and risk<br />

Taking risks is part of everyday life – a life without risk would be<br />

unimaginable. When caring for some<strong>on</strong>e else, there is a natural desire<br />

to try to reduce risk as much as possible. However, this may mean<br />

missing out <strong>on</strong> benefits and restricting a pers<strong>on</strong>’s freedom.<br />

For example, it may seem safer not to allow a pers<strong>on</strong> with dementia<br />

to use the cooker. However, if they gain pleasure and a sense of<br />

achievement from cooking, the benefits may outweigh the risks.<br />

‘Risk assessments’ often focus <strong>on</strong>ly <strong>on</strong> the possible risks, without<br />

c<strong>on</strong>sidering what opportunities and benefits are being lost as a result.<br />

We c<strong>on</strong>clude…<br />

‘Risk assessments’ should be replaced by ‘risk-benefit assessments’.<br />

These should take into account the well-being and aut<strong>on</strong>omy of<br />

the pers<strong>on</strong> with dementia, as well as their need for protecti<strong>on</strong> from<br />

physical harm and the needs and interests of others [para 6.17].<br />

Image: DSDC<br />

Restraint<br />

It may be legal for a pers<strong>on</strong> to be restrained if this would prevent<br />

harm either to the pers<strong>on</strong> or others. ‘Restraint’ may be physical or<br />

less obvious, such as leaving a pers<strong>on</strong> in a low seat that they cannot<br />

get out of without help. Being restrained can be very distressing<br />

and demeaning. However, carers may sometimes find that a lack of<br />

outside help leaves them little choice but to restrain the pers<strong>on</strong> for<br />

whom they care, in order to get <strong>on</strong> with essential household tasks.<br />

The Mental Capacity Act limits the use of restraint to circumstances<br />

where it is a “proporti<strong>on</strong>ate” resp<strong>on</strong>se to the likelihood of the pers<strong>on</strong><br />

suffering harm. There is, however, little guidance <strong>on</strong> what counts as a<br />

“proporti<strong>on</strong>ate” justificati<strong>on</strong> for restraint.<br />

We c<strong>on</strong>clude…<br />

There should be:<br />

• more guidance for carers <strong>on</strong> when restraint might count as<br />

“proporti<strong>on</strong>ate”;<br />

• support for carers that will minimise the need for restraint at<br />

home; and<br />

• detailed and practical guidance <strong>on</strong> the appropriate use of restraint<br />

in care homes for all those working in this sector [para 6.38].

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