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in ED or ensure that the ED has appropriate levels of security to monitor and manage the
patient.
8.4 Other MHA Transport.
For all detentions, the transport and conveying processes should be followed as outlined
in the relevant Joint Working Protocols (for example Surrey Sussex NEPTS, Thames Valley
and Hampshire protocols).
Guidance on processes to follow when transporting patients who have been detained under
the MHA can be found in Appendix 5.
Within Hampshire, Southampton and Portsmouth, all secure mental health transport is
commissioned via a separate commissioning contract with a private provider and this includes
ad-hoc requests from the Isle of Wight. Therefore, SCAS will only be involved on an
exceptional basis where secure mental health transport is not required. The principles of
National s136 response times are therefore monitored locally by commissioners.
8.5 Restraint (restrictive interventions).
“Restrictive interventions” are defined as ‘deliberate acts on the part of other person(s)
that restrict an individual’s movement, liberty and/or freedom to act independently’.
(Positive and Proactive Care: reducing the need for restrictive interventions. DH 2014).
Restraint can include physical, chemical and or mechanical interventions to restrict
movement. The Trust do not support the use of mechanical or chemical restraint. There is
currently a national review of acute behavioral disturbance (ABD) which is a serious
medical condition that can occur from restraint.
Ambulance staff in SCAS do not currently have training in physical restraint or safe holding.
Minimal guided assistance or support could be used in cases where the action is in the
patients best interest and a dynamic risk assessment has concluded that performing the
action would not cause harm to the ambulance crew or patient in scenarios where a patient
lacks capacity or is detained under the MHA. If the behaviour of the patient exceeds what
the crew can safely manage then assistance must be requested (this does not necessarily
have to be police. For example mental health provider or ED security). Patients should
never be held by Trust staff in a face down or face up position on the floor. Any restrictive
physical intervention should be recorded and a Datix generated. The Trust recognise the
need to consider restraint, safe holding and where it may be appropriate to explore training.
A separate policy and working group will be considered specific to physical intervention
and the legal framework behind this.
When attending a patient and restraint is used by staff it can only be used in accordance
with the legal guidance of the Mental Health Act (1983), Mental Capacity Act (2005),
Human Rights Act (1998) and actions taken under common law.
Under common law, restraint can be used to prevent harm or injury to others. Actions taken
under common law are ones that any reasonable member of the public would also take for
self-preservation of themselves and others.
When restraint is used staff must use the least restrictive form of restraint for the least
amount of time possible. Staff must also be able to demonstrate what reasonable steps
they took when reaching the decision to use restraint, completing a dynamic risk
assessment, recording decisions and actions in the patient’s clinical record. Staff should
aim to protect the patient’s dignity throughout any type of restraint, however it is recognised
that this is not always possible.