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New law on restraint in mental health units

Details

The Mental Health Units (Use of Force) Act 2018 received Royal Assent on 1 November 2018.  Regulations are awaited which will determine when the legislation comes into force.

Nicknamed ‘Seni’s law’, the Act is the culmination of many years’ campaigning following the death of Seni Lewis who died aged 23 after being restrained on a mental health unit by 11 police officers.

The Act extends to physical, mechanical or chemical restraint and so includes the use of sedating medication.

The requirements of the Act are that:

  • Mental health units need to have a responsible person for the purpose of this legislation
  • Units must have a policy on the use of force
  • The responsible person must publish information about rights of patients in respect of the use of force, and provide that information to patients on admission
  • Training must be provided to staff working on the unit in respect of the use of force. The Act is prescriptive about what that training should cover. This includes issues such as respect for diversity and the physical, mental and developmental impact of the use of force
  • Specific recording provisions about the use of force are detailed and statistics will be published by the Secretary of State
  • Police officers should wear body cameras when attending mental health units

How we can help

Our specialist mental health lawyers can assist your organisation prepare for the Act to come into force by providing expert advice and support. We can review your policies and procedures or patient information to ensure you are compliant with the new legislation.

If you have any queries about how the new law will affect you and your organisation, please contact Joanna Crichton

Health and social care

With a team of over 250 lawyers, we are one of the leading firms providing legal advice and support to national and international healthcare and life sciences organisations.

From NHS bodies to private providers and practitioners to insurance practices, our multi-disciplinary legal expertise covers the full spectrum of healthcare law including, litigation, commercial, regulatory, employment, investigations and inquests, real estate and disciplinary law. As a full-service international law firm, we take a scalable approach to service delivery, providing immediate access to high-quality legal advice across the full spectrum.

We are committed to working in partnership with our clients, fostering philosophies that are mutually beneficial. Our expertise and experience mean that we understand the issues you face and the clear and practical advice that you require, especially as services and systems become more integrated. We can help you manage risk and obtain better value for money enabling you to improve services and outcomes.

You can also access our webinar resources that are designed specifically for our health clients - covering topics that may affect you.