New Clause 5
Mental Health Bill [Lords]
5:45 pm
Seclusion
‘(1) The 1983 Act is amended as follows.
(2) After section 142 insert—
“142A Use of seclusion and other forms of behaviour management
(1) This section applies to the use of seclusion, mechanical restraint or other interventions to manage disturbed behaviour as may be specified for the purposes of this section by regulations made by the Secretary of State.
(2) For the purposes of this Act, seclusion means the removal of a patient without consent from normal levels of association or freedom of movement for the protection of others from significant harm.
(3) A patient shall not be so removed except for the purpose stated in subsection (2) above.
(4) A patient shall not be subject to any form of intervention to which this section applies, except in accordance with regulations.
(5) The Secretary of State shall make regulations prescribing—
(a) circumstances under which any form of intervention to which this section applies may be used;
(b) reporting requirements on the use of any such intervention;
(c) review of such interventions with a view to bringing the intervention to an end;
(d) scrutiny of the use of such interventions; and
(e) circumstances under which patients subject to such interventions must be visited by persons authorised by the Commission.
(6) Before making any regulations for the purposes of this section the Secretary of State shall consult such bodies as appear to him to be concerned”.’.—[Dr. Pugh.]