‘Free to move’ – understanding ‘closed environments’ in disability facilities

An ARC-funded research project

ContactDr Patsie FrawleyResearch FellowLaTrobe UniversityFaculty of Health SciencesPh 9479 3041p.frawley@latrobe.edu.au

Living with Disability Research Group.

Faculty of Health Sciences

The question

• How can Human Rights be made part of the day to day practices of people running closed environments?

What do we mean by a ‘closed environment’

• ‘any place where persons are or may be deprived of their liberty by means of placement in a public or private setting in which a person is not permitted to leave at will by order of any judicial, administrative or other order, or by any other lawful authority relevant to the project's goals.’

People with a disability/disability facilities

• Residential Institutions: best possible choice of service; is least restrictive option; if not placed in this service the person or others will suffer serious physical or emotional harm (Disability Act, 2006 s 87)

• Treatment facility – detained: to provide compulsory treatment; ‘treatment & detention’ specified in Security Order and Treatment Plan (Disability Act, 2006 s 151)

• Supervised Treatment Order: restrictions on liberty or freedom of movement – detained/supervised (Disability Act, 2006 s183)

Identifying a disability facility as a closed environment

• Residential Treatment Facility – Yes• Residential Institution Can be –STO/restrictive

interventions/ “policies-rules”/practice• Community Residential Unit – Can be –

Restrictive Interventions/practices/ “policies – rules”

The research: sites and approaches to finding out

Sites• 1 x residential institution (36 residents; 4 on

STOS)• 1 x congregate facility (25 houses on one site)• Seeking to recruit community facility (stand

alone Community Residential Unit)MethodsInterviews and focus groups – management,

staff and people with an intellectual disability

Restricting rightsFormal – OSP notified and monitors• Restrictive intervention – restraint or seclusion• Compulsory Treatment – in a treatment facility• Supervision that detains and/or prohibits ‘free

movement’ /actions/decisions(STO)Informal practice that restricts ‘freedom to move’ –

CVP monitors/ DSC receives complaints• Locked doors – only staff have the key/code• Individual plans – 1:1 supervision/support• Parents/carer other ‘expectations’ –

supervision/restriction on rights

Making human rights part of day to day practice – disability facilities

• Finding out about implementation and monitoring of ‘formal’ practices

• Finding out about other practices / policies that might impact on rights

• Increasing awareness about ‘rights in practice’ in all environments where people with a disability rely on services/supports to live their lives