5.4 Explain appropriate and proportionate responses to restrictions on an individual’s rights and freedoms

This guide will help you answer 5.4 Explain appropriate and proportionate responses to restrictions on an individual’s rights and freedoms.

When you work in a leadership or management position in adult care, you must respond correctly to any restriction on a person’s rights and freedoms. This involves being fair and balancing safety with respect for people’s independence. Your actions must match the situation and never go further than necessary. In this guide, we will provide what some appropriate and proportionate responses look like in practice.

• Appropriate: The response fits the situation. It is suitable for the specific person and the particular risk or issue.
• Proportionate: The response is not excessive. It uses only what is needed to keep the person or others safe, and no more.

For example, if someone is at risk of falling, putting up a small barrier at night might be proportionate, but locking them in their room all night is not.

Principles That Guide Responses

Your decisions must always be based on these principles:

• Any restriction must be the last option, only used when all other alternatives have been tried.
• The restriction must address a specific risk or challenge for the individual.
• The least restrictive option must be chosen.
• The restriction should be removed or changed as soon as the risk reduces or disappears.
• The rights and dignity of the person must be respected at every stage.

Assessing the Individual Situation

Every person is different. Before taking any action:

• Consider the person’s history, wishes and needs.
• Involve the person, their family or advocate in discussions.
• Carry out a proper risk assessment.
• Work with other professionals when needed.

Take the time to look at the causes of challenging behaviour, rather than immediately resorting to restrictions.

Examples of Proportionate Responses

Here are some clear examples:

• Physical support: If a person is likely to fall, offering a walking aid or gentle hand support is usually more proportionate than using bed rails.
• Environmental changes: If a person wanders, a silent alarm or staff supervision at the door may be better than locked exits.
• Care planning: If a person gets distressed by loud noises, creating a quieter space is more appropriate than sedating them with medication.
• Psychological responses: Redirecting someone’s attention or offering reassurance can often work, instead of threats or intimidation (which are never appropriate).

Each action fits the risk and aims to maintain as much freedom as possible.

Involving the Person and Advocates

You must involve the individual in every step. Explain any restriction and check how they feel about it. If they lack capacity, involve their family, friends or an independent advocate.

Actions should include:

• Holding regular meetings with the person and those close to them.
• Listening to feedback and updating care plans.
• Encouraging the person to express preferences.
• Supporting complaints or challenges to any restrictions.

Listening makes it much more likely the response will be suitable for the individual.

Reviewing and Reducing Restrictions

Responses must be checked often. Restrictions that were proportionate last month may not be needed now.

Responsibility includes:

• Setting dates for review of all restrictions.
• Removing or reducing the restriction if the risk changes.
• Looking at other, less restrictive ways to keep people safe.

If the restriction is temporary (such as during illness), make sure it is stopped as soon as possible.

Documenting Decisions

Every restriction must be recorded carefully:

• What was the risk?
• Why was the restriction needed?
• Who was involved in the decision?
• What alternatives were considered?
• How is the restriction being reviewed?
• How was the person supported to give their views?

Good records show your response was appropriate and proportionate and help protect everyone involved.

Challenging Unnecessary or Excessive Restrictions

Part of your management role is to spot when restrictions are unnecessary or too harsh.

To do this:

• Talk regularly with staff about the need for restrictions.
• Observe practice in the service.
• Address any restrictive actions that go beyond what is needed.
• Offer refresher training and support.

If you find a restriction is inappropriate, act quickly to stop or change it.

Acting in Line with Law and Policy

You must always follow:

• The Mental Capacity Act 2005, which says restrictions should be a last resort, least restrictive and in the person’s best interests.
• The Human Rights Act 1998, which protects people’s right to liberty.
• Organisational policies or local procedures.

Keep up to date with legal guidance and make sure your staff do too.

Scenario Examples

• A resident gets confused and tries to leave the building. Instead of locking all doors, staff use distraction and supervised garden visits. This is proportionate and appropriate.
• A person with mobility issues is stopped from accessing the communal lounge for fear of falling. This is not proportionate. Better support would be to help them walk safely or use aids.

Every response should focus on keeping the individual’s freedom and dignity as much as possible.

Monitoring and Improving Practice

Regular checks make sure restrictions are still suitable.

• Hold team discussions on real scenarios.
• Invite feedback from people using the service and their families.
• Use audits to review restrictive measures.

Continuous improvement is part of your leadership responsibility.

Building a Positive Culture

Encourage your team to:

• Question whether restrictions are needed.
• Try creative solutions before restricting someone’s movement or choices.
• Share ideas to replace restrictions with positive alternatives.

A positive culture puts people’s rights at the centre of care.

Supporting Staff

Staff sometimes restrict people’s choices because they fear making mistakes, not always to protect the person. You can support your team by:

• Giving clear policies and practical examples.
• Providing regular supervision.
• Creating a safe space to discuss restrictions without blame.

This leads to better, more proportionate decisions.

Final Thoughts

Responding to restrictions on a person’s rights is a big responsibility. Every action must be fair, respectful and fit the needs of the person. Your leadership ensures that freedom, dignity and safety are always balanced. This protects people and supports the best standards in adult care.