Steve Reed MP has introduced this Bill wanting Parliament to pass what he calls ‘Seni’s law’ to protect mental health patients. He introduced the Bill after a constituent, Olaseni Lewis died in a mental health unit. He had been subject to severe physical restraint by 11 police officers.
The Bill aims to increase oversight and management of the use of force in mental health units defined as "a hospital, independent hospital, care home or a registered establishment in England that provides treatment for mental health disorders". It seeks to introduce a statutory requirement in relation to the use of force in mental health units.
We highlight the main proposals which, in broad terms, aim to increase the accountability of mental health units using force on patients.
All service providers would be required to have:
- A registered manager – NHS Trusts currently do not need to have a registered manager under Regulation 5 of the Health and Social Care (Regulated Activities) Regulations 2010.
- A written policy for the use of force and to keep a record of any use of force (for at least 10 years), including providing patients with written information about their rights. There is also a commitment to a reduction in the use of force.
- A training programme for all front-line staff on the appropriate use of force.
The Bill proposes new reporting requirements on providers to notify the Secretary of State for Health, within seven days, of a death that occurred during, or as a result of, a patient being subject to the use of force while in a mental health unit. This would then require the Secretary of State to appoint an independent person to investigate the death, who must then report within three months.
There is also a requirement on the Secretary of State to produce an annual report on the use of force at mental health units – the report would need to include any findings made by a court, CQC or a coroner in relation to the death of a patient during, or as a result of the use of force.
Data is currently not routinely published on the use of force.
A final clause worth noting is the provision about the use of body cameras worn by police officers who attend mental health units. It provides that recording should start “as soon as reasonably practicable” after the time they receive the request to attend the unit until they leave the unit.
We will keep readers posted on the progress of this Bill; you can read the Bill here and the House of Commons Library briefing paper which was published in advance of the second reading on 3 November although details of that debate have yet to be published.
Jill Mason, Partner
Comments