Mental Health Act 20266

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Application and recording of restrictive practice on child

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

(a) where it is in the best interests of the child,

(b) in rare and exceptional circumstances,

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

(d) as a practice of last resort,

(e) after the age, size and physical vulnerability of the child has been assessed and considered by the person ordering the restrictive practice,

(f) where the application of the restrictive practice is proportionate to—

(i) the age, size and physical vulnerability of the child, and

(ii) the immediate threat of serious harm to the child or to others that has been assessed to exist,

(g) where there is no safe alternative for the child, and

(h) for the shortest duration possible.

(2) Where a restrictive practice is applied in respect of a child, the consultant psychiatrist or relevant health professional who ordered, initiated or applied the restrictive practice concerned shall communicate to the child in a manner that the child 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.

(3) A registered proprietor of a registered acute mental health 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 child in that 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) in the child’s medical records for such period as may be specified in regulations made by the Commission under section 96 .

(4) A copy of the record under paragraph (a) or (b) of subsection (3) 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.

(5) A registered proprietor of a registered acute mental health centre shall notify the Commission, 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 child in that registered acute mental health centre.