Mental Health Units (Use of Force) Act 2018 statutory guidance
Download the full outcome
Detail of outcome
Between May and August 2021, the government sought views on its draft statutory guidance to:
- prevent the inappropriate use of force
- ensure transparency and accountability about the use of force in mental health units
As a result of the consultation, the government has provided more clarity on:
- the definitions of the types of force and settings the act applies to
- the role of the responsible person, and the skills and experience needed
- the definition of ‘negligible use of force’, and circumstances in which it does and does not apply
The final statutory guidance was published alongside the government response to this consultation on 7 December 2021. The new provisions under the Mental Health Units (Use of Force) Act 2018 will come into force on 31 March 2022.
The government’s response to the easy read version of the consultation will follow shortly.
Detail of feedback received
We received 421 responses from individuals and organisations. A full summary of the responses received and respondent demographics is included in the government’s consultation response.
Original consultation
Consultation description
Applies to: England (and police forces in Wales)
The use of force includes:
- physical, mechanical or chemical restraint of a patient
- the isolation of a patient, including seclusion and segregation
The Mental Health Units (Use of Force) Act became law in November 2018. The aim of the act and the statutory guidance is to:
- clearly set out the measures that are needed to both prevent the inappropriate use of force
- ensure accountability and transparency about the use of force in mental health units
The statutory guidance, which will be issued by the Department of Health and Social Care, is intended for use by NHS hospitals and independent hospitals (providing NHS-funded care) in England providing care and treatment to patients with a mental disorder. It will provide the information they need about how they should meet the legal obligations placed on them by the act, in addition to best practice advice.
The guidance also covers the obligations on police officers when in mental health units in England.
We welcome all responses to the consultation, especially from those who have lived experience of mental ill health or have been subjected to the use of force in a mental health unit.
Please refer back to the full statutory guidance when answering the consultation questions.
Documents
Last updated 7 December 2021 + show all updates
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Published consultation response including link to final statutory guidance.
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First published.