Understanding Closed Environments in Disability Facilities

1. Living with Disability Research Group. Faculty of Health Sciences ‘Free to move’ – understanding ‘closed environments’ in disability facilities An ARC-funded research project Contact Dr Patsie Frawley Research Fellow LaTrobe University Faculty of Health Sciences Ph 9479 3041 p.frawley@latrobe.edu.au

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

3. 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.’

4. 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)

5. 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”

6. 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) Methods Interviews and focus groups – management, staff and people with an intellectual disability

7. Restricting rights Formal – 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

8. 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