News Article
30 November 2009
NHS Security Management Service Press Release
Immediate release: 30 November 2009
New NHS powers to tackle anti-social behaviour
The NHS has today been given new powers to deal with low level anti-social behaviour. The Criminal Justice and Immigration Act (CJIA) 2008 creates a new criminal offence of causing a nuisance or disturbance on NHS hospital premises and refusing to leave - and a new power for authorised NHS staff to remove a person suspected of committing this offence.
Martin Wiles of the NHS Security Management Service (NHS SMS), said: "These new provisions reinforce the range of measures already in place to protect NHS staff, allowing them to concentrate on delivering patient care. The legislation will help prevent low level disruptive behaviour from escalating to violence against staff by focusing on the minority of people who cause a nuisance in hospital premises."
Nuisance or disturbance behaviour against NHS staff includes any form of low-level anti-social behaviour on NHS premises: for example foul language and verbal abuse, intimidating gestures, excessive noise in waiting areas or wards and the obstruction of thoroughfares.
The offence and power of removal will apply only to NHS hospital premises. Physical removal must be the last resort and not a substitute for established verbal conflict resolution techniques to persuade a disruptive individual to leave voluntarily.
Those seeking medical advice, treatment or care are exempt. There are also important safeguards to ensure an individual, especially a vulnerable individual, is not placed in danger by being removed.
The NHS Security Management Service (NHS SMS) will deliver free training courses for authorised officers and other staff, including security officers, whom they can authorise to remove people where necessary. The training will make clear the legal rights of an individual being removed as well as those of staff involved.
For more information contact James Robertson or Daryl Barrett at the NHS Security Management Service press office on 020 7895 4524/4523. Out of hours mobile 07717 851 926. Further information on NHS CFS can be found at www.nhsbsa.nhs.uk/security
Notes to editors
1. An additional one day training session will be delivered by mental health specialists.
2. The NHS Security Management Service (NHS SMS) – a division of the NHS Business Services Authority (NHSBSA) - was set up in 2003 to handle policy and operational matters related to the management of security within the NHS in England. It strives to ensure permanent improvements are made to provide the best protection for NHS staff and property.
3. In 2008/09 there were 54,758 reported physical assaults against NHS staff in England. This is a reduction of 1,235 compared to the previous year. There were 941 criminal sanctions in cases of assault, compared to 992 in 2007/08.
4. In April 2004, the NHS SMS developed a national syllabus for conflict resolution training aimed at all frontline NHS staff. This training gives staff the skills to recognise and defuse potentially violent situations. Figures show that more than 428,000 staff have been trained so far.
5. Local Security Management Specialists (LSMSs) are in place in 90% of health bodies around England to investigate security breaches, along with the police, and implement new systems to better protect NHS staff and property. All reported incidents of violence against staff are reported to the LSMS as well as the police. They receive professional training in areas such as witness interviewing and a background in law, and are supported nationally by the NHS SMS.