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by Munro Research

Mental Health Units (Use of Force) Act 2018


Official Summary

To make provision about the oversight and management of the appropriate use of force in relation to people in mental health units and similar institutions; to make provision about the use of body cameras by police officers in the course of duties in relation to people in mental health units; and for connected purposes.

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Overview

The Mental Health Units (Use of Force) Bill aims to improve the oversight and management of the use of force against patients in mental health units in England. It introduces requirements for responsible persons, policies on the use of force, staff training, record-keeping, reporting, and the use of police body cameras.

Description

Accountability and Policy

The bill mandates that each mental health unit appoints a responsible person to oversee the use of force. This person must publish a policy on the use of force, including steps to reduce its use, and provide information to patients about their rights. This policy must be regularly reviewed and updated.

Training

Comprehensive training on the appropriate use of force is required for all staff. This training will cover topics such as de-escalation techniques, the risks associated with the use of force, and the impact of trauma on patients.

Reporting and Recording

The bill requires detailed records of any use of force, excluding negligible instances, to be kept for three years. These records must include information about the incident, the individuals involved, and the patient's characteristics. Annual statistics on the use of force will be published by the Secretary of State.

Police Body Cameras

Police officers attending mental health units to assist staff must use body cameras where reasonably practicable. Failure to comply does not automatically lead to legal action, but the court will consider the compliance when making any judgements.

Government Spending

The bill states that any expenditure incurred under the Act, and any increase in sums payable under other Acts as a result of this Act, will be met from public funds. No specific figures are provided.

Groups Affected

  • Patients in mental health units: The bill aims to protect their rights and reduce the use of force against them.
  • Staff in mental health units: They will be subject to new training requirements and record-keeping protocols.
  • Responsible persons in mental health units: They will have increased responsibilities for overseeing the use of force.
  • Police officers: They will be required to use body cameras when assisting staff in mental health units.
  • Relevant health organisations: They are responsible for appointing responsible persons and ensuring compliance with the bill.

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