Reporting

Recording of use of force
6
1
The responsible person for each mental health unit must keep a record of any use of force by staff who work in that unit in accordance with this section.
2
Subsection (1) does not apply in cases where the use of force is negligible.
3
Whether the use of force is “negligible” for the purposes of subsection (1) is to be determined in accordance with guidance published by the Secretary of State.
4
Section 11(3) to (6) apply to guidance published under this section as they apply to guidance published under section 11.
5
The record must include the following information—
a
the reason for the use of force;
b
the place, date and duration of the use of force;
c
the type or types of force used on the patient;
d
whether the type or types of force used on the patient formed part of the patient's care plan;
e
name of the patient on whom force was used;
f
a description of how force was used;
g
the patient's consistent identifier;
h
the name and job title of any member of staff who used force on the patient;
i
the reason any person who was not a member of staff in the mental health unit was involved in the use of force on the patient;
j
the patient's mental disorder (if known);
k
the relevant characteristics of the patient (if known);
l
whether the patient has a learning disability or autistic spectrum disorders;
m
a description of the outcome of the use of force;
n
whether the patient died or suffered any serious injury as a result of the use of force;
o
any efforts made to avoid the need to use force on the patient;
p
whether a notification regarding the use of force was sent to the person or persons (if any) to be notified under the patient's care plan.
6
The responsible person must keep the record for 3 years from the date on which it was made.
7
In subsection (5)(g) the “patient's consistent identifier” means the consistent identifier specified under section 251A of the Health and Social Care Act 2012.
8
This section does not permit the responsible person to do anything which, but for this section, would be inconsistent with—
a
any provision of the data protection legislation, or
b
a common law duty of care or confidence.
9
In subsection (8) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
10
In subsection (5)(k) the “relevant characteristics” in relation to a patient mean—
a
the patient's age;
b
whether the patient has a disability, and if so, the nature of that disability;
c
the patient's status regarding marriage or civil partnership;
d
whether the patient is pregnant;
e
the patient's race;
f
the patient's religion or belief;
g
the patient's sex;
h
the patient's sexual orientation.
11
Expressions used in subsection (10) and Chapter 1 of Part 2 of the Equality Act 2010 have the same meaning in that subsection as in that Chapter.
S. 6(1)-(4)(5)(a)-(m)(o)(p)(6)-(11) in force at 31.3.2022 by S.I. 2021/1372, reg. 2(f)