New offence for causing a nuisance on NHS premises

4 December 2009

The Criminal Justice and Immigration Act 2008 created a new criminal offence of committing nuisance behaviour on NHS premises in England & Wales. This offence was brought into force on 30 November 2009 for England only. Final guidance for NHS organisations in England has now been published by the Department of Health.

The guidance, which follows consultation, provides a framework to be used by authorised hospital staff when removing individuals from NHS premises before their behaviour has a chance to escalate into a more damaging incident.

A person commits the offence of causing a nuisance or disturbance on NHS premises if they satisfy all of the following conditions:

1. the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with their work, and

2. the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a police constable or an NHS staff member, and

3. the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

It is important to note that, at present, the offence must occur on ‘English NHS premises’, which covers only any hospital in England managed by an NHS body and any building, structure or vehicle associated with the hospital and situated on hospital grounds. ‘Vehicles’ includes but is not limited to; ambulances, air ambulances and paramedic vehicles.

Healthcare premises located outside the hospital, such as primary care facilities, are not covered by this legislation and, therefore, the offence cannot occur at any of the following (unless they are located within the hospital grounds): GP surgeries, dental practices or pharmacies.

Following responses to the initial consultation, the Department of Health has now included in the guidance;

• A wider range of examples of the defined terms including; ‘nuisance or disturbance behaviour’ and ‘reasonable excuse’.
• Further examples of mental health conditions (which may mean that an offence has not been caused).
• Increased emphasis on the importance of links with local authority housing departments to target the specific issue of homeless individuals remaining on NHS property.

The Department of Health intends to raise public awareness of these provisions through ‘toolkits’, media campaigns and articles. The training will also include guidance on ‘reasonable force’.

Click here to see the guidance >>

Comment

The power to remove people under this legislation came into force for acute NHS premises in England on 30 November 2009. All Trusts should ensure that they have identified their ‘authorised officers’ and provided appropriate training. It is important to emphasise that this legislation does not authorise the removal of persons requiring medical treatment or those for whom removal would endanger their physical or mental health. Clearly care will need to be taken to ensure that the authorised officers are acting appropriately so that they have proper grounds to use the Act’s powers and, ideally, the police will be informed. It will also be important that staff are aware of the scope of this legislation and that it will not necessarily address every difficult situation.

Should you have any general queries in relation to this subject or require specific advice in relation to a particular case or training, please do not hesitate to contact me.