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We have already discussed the Health and Safety Acts and Regulations, but equally, which is just important, is the Welfare Acts and Regulations. These have to work in conjunction with the Health and Safety, and we call this the balanced decision-making approach. How we would put that into practice is, for instance, you could have somebody who has been assessed to use a hoist, but they do not like the hoist, they think it is torture to them, it is degrading. They do not want to get in it. It is their choice, but the organization says, "No, no, no, no. You have to get in the hoist because we do not lift," none of the carers lift. If this person has got that mental capacity, that is their prerogative. We cannot force somebody to get into the hoist. But equally, we have to think, well, how can we not use the hoist, how can we move this person, perhaps by using another piece of equipment or using a technique rather than putting them in the hoist? So the hoist has really got to be the last resort, really, before we put people in, and we have to abide by what their choices are, giving them all the facts.
It is a different story if the person has not got the mental capacity because then we have a duty of care to make sure that they are safe and that they are being looked after properly. If the person, again, has been assessed for the hoist, they haven't got the mental capacity, then we have to go down the mental capacity assessment route, and that is a protocol in itself. We have other acts for disability. We have got the Disability Discrimination Act, which comes into force. We have the Social Care Act. There is many, many others, and when there has been a court case, the judge not only looks at Health and Safety, but they also look at these Welfare Acts as well. They have to work in conjunction with each other.