Mental Health Units (Use of Force) Act 2018

Accountability E+W

2 Mental health units to have a responsible person E+W

(1) A relevant health organisation that operates a mental health unit must appoint a responsible person for that unit for the purposes of this Act.

(2) The responsible person must—

(a) be employed by the relevant health organisation, and

(b) be of an appropriate level of seniority.

(3) Where a relevant health organisation operates more than one mental health unit that organisation must appoint a single responsible person in relation to all of the mental health units operated by that organisation.

Commencement Information

I1 S. 2 in force at 31.3.2022 by S.I. 2021/1372, reg. 2(b)

3 Policy on use of force E+W

(1) The responsible person for each mental health unit must publish a policy regarding the use of force by staff who work in that unit.

(2) Where a responsible person is appointed in relation to all of the mental health units operated by a relevant health organisation, the responsible person must publish a single policy under subsection (1) in relation to those units.

(3) Before publishing a policy under subsection (1), the responsible person must consult any persons that the responsible person considers appropriate.

(4) The responsible person must keep under review any policy published under this section.

(5) The responsible person may from time to time revise any policy published under this section and, if this is done, must publish the policy as revised.

(6) If the responsible person considers that any revisions would amount to a substantial change in the policy, the responsible person must consult any persons that the responsible person considers appropriate before publishing the revised policy.

(7) A policy published under this section must set out what steps will be taken to reduce the use of force in the mental health unit by staff who work in that unit.

Commencement Information

I2 S. 3 in force at 31.3.2022 by S.I. 2021/1372, reg. 2(c)

4 Information about use of force E+W

(1) The responsible person for each mental health unit must publish information for patients about the rights of patients in relation to the use of force by staff who work in that unit.

(2) Before publishing the information under subsection (1), the responsible person must consult any persons that the responsible person considers appropriate.

(3) The responsible person must provide any information published under this section—

(a) to each patient, and

(b) to any other person who is in the unit and to whom the responsible person considers it appropriate to provide the information in connection with the patient,

unless the patient (where paragraph (a) applies) or the other person (where paragraph (b) applies) refuses the information.

(4) The information must be provided to the patient—

(a) if the patient is in the mental health unit at the time when this section comes into force, as soon as reasonably practicable after that time;

(b) in any other case, as soon as reasonably practicable after the patient is admitted to the mental health unit.

(5) The responsible person must take whatever steps are reasonably practicable to ensure that the patient is aware of the information and understands it.

(6) The responsible person must keep under review any information published under this section.

(7) The responsible person may from time to time revise any information published under this section and, if this is done, must publish the information as revised.

(8) If the responsible person considers that any revisions would amount to a substantial change in the information, the responsible person must consult any persons that the responsible person considers appropriate before publishing the revised information.

Commencement Information

I3 S. 4 in force at 31.3.2022 by S.I. 2021/1372, reg. 2(d)

5 Training in appropriate use of force E+W

(1) The responsible person for each mental health unit must provide training for staff that relates to the use of force by staff who work in that unit.

(2) The training provided under subsection (1) must include training on the following topics—

(a) how to involve patients in the planning, development and delivery of care and treatment in the mental health unit,

(b) showing respect for patients' past and present wishes and feelings,

(c) showing respect for diversity generally,

(d) avoiding unlawful discrimination, harassment and victimisation,

(e) the use of techniques for avoiding or reducing the use of force,

(f) the risks associated with the use of force,

(g) the impact of trauma (whether historic or otherwise) on a patient's mental and physical health,

(h) the impact of any use of force on a patient's mental and physical health,

(i) the impact of any use of force on a patient's development,

(j) how to ensure the safety of patients and the public, and

(k) the principal legal or ethical issues associated with the use of force.

(3) Subject to subsection (4), training must be provided—

(a) in the case of a person who is a member of staff when this section comes into force, as soon as reasonably practicable after this section comes into force, or

(b) in the case of a person who becomes a member of staff after this section comes into force, as soon as reasonably practicable after they become a member of staff.

(4) Subsection (3) does not apply if the responsible person considers that any training provided to the person before this section came into force or before the person became a member of staff—

(a) was given sufficiently recently, and

(b) is of an equivalent standard to the training provided under this section.

(5) Refresher training must be provided at regular intervals whilst a person is a member of staff.

(6) In subsection (5) “refresher training” means training that updates or supplements the training provided under subsection (1).

Commencement Information

I4 S. 5 in force at 31.3.2022 by S.I. 2021/1372, reg. 2(e)