Case 17: Freedom of movement for people with a disability

Photo by Gary Radler

The parents of a man with a disability complained that their son had been deliberately frightened and provoked by his carers. While the ACT Disability & Community Services Commissioner found no reliable evidence to demonstrate that this was the case, the Commissioner made several recommendations in relation to staff training, improved reporting of critical incidents and improved communication and information sharing between the agencies involved in the client’s care. The Commissioner also questioned the nature of the man’s accommodation, as it appeared that he was unable to leave his accommodation of his own volition, and the doors of his residence were locked. The Commissioner recommended that a human rights analysis of the man’s care and treatment be undertaken, including assessment of the authority under which his freedom of movement was restricted. The recommendations were accepted.

Source: ACT Human Rights Commission Annual Report 2014-15, p. 41