New Clause 5
Mental Health Bill [Lords]
6:00 pm
Rosie Winterton (Minister of State (Health Services), Department of Health; Doncaster Central, Labour)
The hon. Gentleman is absolutely right. One of the reasons why we do not want to accept the new clause is that the spreading of best practice in the way in which he described might be hampered. Hospital managers also have responsibilities for best practice. They should regularly review the use of seclusion. Providers should have clear written policies on the use of restraint, which should include provision for review and for the application of restraint to be audited and reported to hospital managers.
The “Count Me In” census collects and publishes information about periods of seclusion during an in-patient’s stay in hospital. It also records incidents of hands-on restraint, which it defines as the physical restraint of an in-patient by one or more members of staff in response to aggressive behaviour or resistance to treatment.
We will, however, consider how information on the use of seclusion and restraint may be reported to the new regulator for England. That will also be a matter for Welsh Ministers, and it will be an important step forward. The guidance on seclusion and restraint has been revised and updated during preparation of the draft illustrative code of practice for England to accompany the Bill, and it will be further developed in the new code, on which consultation will take place.
The Government completely understand the concerns that underlie the new clause, but we oppose it for the reasons that I have stated. I can give a commitment to hon. Members that we shall continue to work to ensure that restraint and seclusion are used only when they are essential.