Do you know how far should residential’s personal freedom be limited? Are you familiar with what rights are protected by Article 5 of the Human Rights Act? Take the quiz below to find out how well you know about human rights!
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All questions are available below but you will need to download the document above to see the answers!
Question 1: Is a person with a diagnosed learning disability allowed to have sexual relationships or get married?
Lee and Hanna met through the local learning disability ‘Mates ‘n Dates’ club and have fallen in love. Hanna’s parents taught her well about relationships, sex and marriage, but there is some doubt about Lee’s understanding. A social worker has assessed him as lacking capacity to consent to sexual activity or marriage because he does not understand the mechanics of the sexual act, or about possible pregnancy, or about the obligations of entering into marriage.
Choose the right answer in human rights terms:
- Lee must be stopped from going to Mates ‘n Dates.
- Lee’s support staff should flag to social services and learning disability professionals that Lee urgently needs to get the learning to enable him to gain relevant capacity.
Question 2: How far should we limit the personal freedom of residents? 
Minnie lives in a care home with steadily progressing dementia. Ever since she arrived, her son has been bringing her a bottle of whisky every two weeks; she drinks one small glass before lunch every day. Staff have queried if they should allow this since some of them think it isn’t in her best interests to drink alcohol regularly, or indeed at all.
Choose the right answer in human rights terms:
- Staff should limit Minnie’s drinking to weekends only.
- Staff should ask Minnie’s son to stop providing alcohol for her to drink in the home.
- Staff should note in Minnie’s care plan that she enjoys her daily tot of whisky before lunch and that this is an important small pleasure for her.
Question 3: Can carers leave the door open and talk to each other about their night out while delivering John’s intimate personal care?
Choose the right answer in human rights terms:
- As long as they carry out the tasks competently and quickly it doesn’t matter what else they are doing.
- No they cannot. This is a serious breach of John’s Article 3 rights to have his dignity protected. It risks distressing and humiliating him.
- Staff have a right to take their minds off tasks that might be distasteful and John might be glad they’re thinking about nicer things.
Question 4: What rights are protected by Article 5 of the Human Rights Act?
Pick the correct answer from the four listed:
1. Article 5 is about people’s right to belong to a religion of their choice, or no religion.
2. Article 5 is about people’s right to liberty, unless it is necessary and proportionate to restrict this right in the best interests of that individual.
3. Article 5 is about people’s right to have contact with their relatives, unless this right has to be restricted; for example, to protect public health.
4. Article 5 about the right not to be tortured or treated in an inhumane way.
Question 5: Read this scenario, and decide which (if any) of Jim’s rights are being breached:
Jim has come to live in a care home after the sudden death of his wife. He lives with some dementia and has difficulty finding words to explain himself, especially when under stress. You notice that two staff members are restraining him so that he can be shaved. Jim is shouting and struggling, the staff members tell you he shows ‘challenging behaviour.’ A neighbour arrives to visit him and says, ‘Why, Jim, I’ve never seen you without your beard before!’
Question 6: Read the scenario below:
Mark is a former actor living with dementia. He always likes to stay up late and get up mid-morning. The home’s waking night staff quite
enjoy hearing Mark’s anecdotes about working on Casualty or Emmerdale, but housekeeping staff have complained that having Mark in bed late makes it hard for them to follow a routine of cleaning. What is the right option for the manager to follow? Choose up to 2 options:
1. Tell Mark he must get up before breakfast to allow cleaners into his room, and point out that early rising would be good for him.
2. Ask Mark to leave the night staff to do their work, and also be more considerate to the cleaners.
3. Explain to the housekeeping staff that this is Mark’s home, and ask them to work around his sleeping habits; for example, by leaving his room until last.
4. Ask Mark if he would give a talk to residents and staff (and visitors, when possible) about his life as an actor.
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