Mental Health Act 20266

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Application and recording of restrictive practices

57. (1) A restrictive practice may only be applied in respect of a person—

(a) in rare and exceptional circumstances,

(b) where there is no safe alternative for the person,

(c) where it is the least restrictive practice possible in the circumstances,

(d) where the application is proportionate to the immediate threat of serious harm to the person or to another person that has been assessed by the person who orders and initiates the practice to exist, and

(e) for the shortest duration possible.

(2) Where a restrictive practice is applied in respect of a person, the consultant psychiatrist or relevant health professional who ordered, initiated or applied the restrictive practice concerned shall communicate to the person in a manner in which that person is reasonably expected to understand—

(a) the reasons why the restrictive practice is being applied,

(b) the expected duration of the application, and

(c) the circumstances which, in the opinion of the consultant psychiatrist or relevant health professional, will lead to the discontinuation of the application of the restrictive practice.

(3) The consultant psychiatrist or the relevant health professional who orders, initiates or applies a restrictive practice in respect of a person shall have due regard to—

(a) the will and preferences of the person regarding the application of the restrictive practice, and

(b) the view of any nominated person in relation to such will and preferences,

and such will and preferences and views shall be recorded in writing in the person’s medical record and care plan.

(4) A registered proprietor of a registered acute mental health centre or designated centre shall—

(a) cause to be maintained in writing a record, in such form and manner as may be specified by the Commission, which shall include such information as may be specified by the Commission in respect of the application of a restrictive practice in respect of a person in that registered acute mental health centre or designated centre,

(b) cause to be maintained in writing a record of a communication under subsection (2), and

(c) retain a copy of each of the records referred to in paragraphs (a) and (b) with the person’s medical records for such period as may be specified in regulations made by the Commission under section 58 .

(5) A copy of the record under paragraph (a) or (b) of subsection (4) shall be made available, when so requested, for inspection by—

(a) the Chief Inspector or an Assistant Inspector, or

(b) another staff member of the Commission, authorised by the Chief Inspector, where the information contained in the record is required for the proper performance by the Chief Inspector or the Assistant Inspector of his or her duties.

(6) A registered proprietor of a registered acute mental health centre or designated centre shall ensure that the Commission is notified, in the form and manner specified by the Commission and within the period specified by the Commission, of each application of a restrictive practice in respect of a person in that registered acute mental health centre or designated centre concerned.