New legal protections for NHS staff against nuisance and
disruptive behaviour in hospitals have come into force in Wales.
The changes create a specific offence of causing nuisance or
disturbance on NHS premises and give the police and authorised
NHS officers the power to remove people.
Nuisance and disruptive behaviour includes verbal abuse,
physically obstructing corridors, preventing staff from carrying
out their duties and creative excessive noise in waiting areas,
wards and other areas. The powers do not apply to patients
seeking medical advice, treatment or care for themselves.
People who cause a nuisance or disturbance; who refuse to leave
when asked by staff or police, and are not on the premises to
receive medical care themselves, could be affected by the powers.
The new powers, which are part of the Criminal Justice and
Immigration Act 2008, are designed to protect staff, patients and
visitors so that vital NHS services can continue without
disruption.
It will also give police the power to remove a person suspected
of committing the offence, using reasonable force if necessary.
It has been developed in partnership with the Anti-Violence
Collaborative, Police, Crown Prosecution Service, NHS Wales
organisations and trade unions.
The latest findings from the All‑Wales NHS Staff Survey shows a
sharp drop in staff feeling safe from abuse by patients and the
public, falling from 83.6% to 74.8%.
Cabinet Secretary for Health and Social Care, said:
"These powers strengthen protections for our NHS staff and help
ensure that our hospitals and healthcare settings remain safe for
staff and patients where care can flourish.
"This is about safety, dignity and supporting the workforce. It
does not criminalise people seeking care - it ensures that staff
can do their jobs free from fear and people can receive treatment
in calm, secure environments.
"Today's action sends a strong, positive signal: in Wales we
stand with our NHS workforce.”
Chair of the Anti-Violence Collaborative, Jonathan Webb
said:
“This represents a further milestone in the collaboration between
health services and the criminal justice sector in responding to
incidents of violent behaviour exhibited by a minority of service
users.
“It empowers NHS staff to take appropriate action when confronted
with unacceptable behaviour and provides an effective resolution
to deal with incidents that do occur.
“We hope that this further reduces the number of incidents of
violence and aggression seen in NHS Wales.”
Notes to editors
Jonathan Webb is available for interview (January
19).
Contact Kerry-Lynne Doyle, Shared Services for media requests.
nwssp.communications@wales.nhs.uk
07484 562226
Nuisance or disturbance can include, but is not limited
to:
- Intimidating behaviour or gestures
- Verbal abuse or use of foul language
- Physically obstructing corridors, doorways or thoroughfares
- Preventing or impeding staff from carrying out their duties
- Creating excessive noise in waiting areas, wards and other
areas
- Ignoring visiting hours or limits on visitor numbers
- Physical violence or assault against NHS staff, patients or
visitors is covered by other criminal offences.
For the purposes of this legislation, NHS premises in
Wales means:
- Any hospital managed by a relevant Welsh NHS body (an NHS
Trust or Local Health Board)
- Any building, structure or vehicle associated with the
hospital and situated on hospital grounds
- The hospital grounds themselves
The definition does not include GP surgeries, dental practices,
pharmacies, hospices or private ambulance providers unless they
are located within hospital grounds.
Who is protected
The offence relates to nuisance or disturbance caused to any NHS
staff member working at NHS premises, including those employed by
an NHS body, contractors and volunteers working in clinical,
managerial, clerical, facilities or housekeeping roles.
Who cannot commit this offence
Individuals who are on NHS premises to obtain medical advice,
treatment or care for themselves cannot commit this offence. The
powers are not intended to criminalise patients seeking care.
