Security In The Nhs

I Am A Security Officer Working Within The Nhs I Wondered If Any One Could Clarify This For Me, But We Sometimes Get Asked To Make Sure A Person Doesnot Leave, Under Common Law We Are Supposed To Be Able To Keep People Against Their Will If They Are Not Copus Mentus. Is This True?

Hi Eddie,

Welcome to CP World.

I'm currently a Paramedic with a large NHS Ambulance trust so I can hopefully help from that angle. At this point I'll point out that i've no experience from the security point of view.

I am not legally allowed to detain or prevent any of my patients from leaving the scene, or force them to go to hospital, regardless of their apparent mental state. Once I'm on scene I have a duty of care to the patient, even if the are being a pain in the backside. I can however withdraw for safety reasons or refuse to transport them if they are being violent/aggresive.

If I have concerns over their mental state, i.e they have taken a deliberate overdose or self harmed/threatening to self harm etc, I still cannot force them to do anything against their will but neither can i just pack up and leave on the grounds that they refuse to come or be treated/examined.

I'm not sure if the same applies to the hospital setting but we have to abide by sections 135 and 136 of the mental health act.

A guide to 135 can be found here: HyperGUIDE to the Mental Health Act: Section 135

and 136 here: HyperGUIDE to the Mental Health Act: Section 136

I assume that the law see's a hospital as a place of safety and unless the patient has been seen by the appropriate mental health expert and sectioned, or admitted to the hospital under either sections 135/136, they have the right to self discharge.

I think you'd be on dodgy ground forcing somebody to stay if they hadn't been sectioned, although as I have said I don't have any experience in the hospital setting or the security side of things.

I would strongly advise you seek clarification though, which you have started by posting here. Get some advise from your boss, preferably in writing.

Its all about CYA mate, covering your arse! lol

Hope that helps.

Dont forget to pop over to the introductions area and introduce your self to everyone. Lots of people on here willing to help.

Regards,
Paul

Hi Eddie

welcome to the forum mate,

with ref to your question, if you detain anyone who has not commited a crime (ie citizen arrest) you are breaking the law, by depriving that person of their liberty.

thanks james, thanks paul i will bear that in mind and thank you for the links you have sent. all the best.

You are welcome Eddie,

Regards,
Paul.

Hi Edd
Do You Work For The Nhs Directly Or Do You Work For A Security Company Contracted To The Nhs. Did You Get An Iduction To Your Work Place? This Should Have Been Covered Then.

Eddy

Hi edd.
The section of law you need to be looking at for reference is the Human Rights Act 1998. Especially,
Article 9: No one shall be subject to arbitrary arrest, detention or exile.
As stated in earlier posts mate, it is illiegal to detain any one who has not commited a crime and dont forget the differnce between crimes and civil offences ie tresspass and common assault are not arrestable offences so to restrian or detain some one for such offence would be un lawfull.
In short iam sure the majority of the time you will be stopping someone from leaving for their own good and that is commendable, however you never know when a "good deed" my bite you in the ass....look after number one first.
Regards
Rob.