Policy and Guidance for Nuisance or Disturbance on NHS premises in Kent
Dear NHS Kent and Medway Clinical Commissioning Group,
I was advised by the Maidstone and Tunbridge Wells (MTW) NHS Trust there is no longer a policy or guidance on provisions to deal with nuisance or disturbance on NHS premises, and was told:
"This is covered by the Criminal Justice and Immigration Act 2008, Section 119, Offence of causing nuisance or disturbance on NHS premises.
https://www.legislation.gov.uk/ukpga/200...
This is the legislation statute and NOT NHS policy or guidance for nuisance or disturbance.
(see excerpt from https://www.legislation.gov.uk/ukpga/200... below)
(2)If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—
(a)remove the person from the NHS premises concerned, or
(b)authorise an appropriate NHS staff member to do so.
I understand that up until 2017 the policy and guidance for nuisance or disturbance was governed by NHS protect an replaced by NHS counter Fraud Authority.
www.dynamis.training/wp-content/uploads/...
It is clearly evidenced here the specific role and expectations of the Authorised Officer.
Can you confirm:
1. that NHS Kent and Medway Clinical Commissioning Group no longer have a policy or guidance on provisions to deal with nuisance or disturbance on NHS premises?
2. That MTW NHS have appointed authorised officer/officers? If so are they directly employed by MTW NHS? If so, what is their day to day job role?
3. the role, appointment and expectations explained in the above guidance document for an authorised officer is no longer expected from current authorised officers employed by MTW NHS?
4. MTW NHS body no longer authorise and suitably train authorised officers?
5. MTW NHS no longer train authorised officers on sections 119-120 of the Criminal Justice and Immigration Act 2008 and how to assess whether a person has committed an offence or not?
6. the MTW NHS authorised officers no longer have the responsibility to keep a record of incidents and the information recorded?
7. the MTW NHS authorised officers are no longer trained in the Health and Safety at Work Act 1974 and the management of Health and Safety and Work Regulations 1999?
8. MTW NHS authorised officers are not trained in mental health awareness in accordance with the Mental Health Act 2007?
9. MTW NHS authorised officers no longer receive Conflict Resolution Training to assess whether a person has reasonable excuse to cause a nuisance or disturbance or reasonable excuse for refusing to leave the NHS premises?
10. MTW NHS authorised officers are no longer trained to ensure the public are aware of the offence of causing a nuisance or disturbance to an NHS staff members on NHS premises and the power that NHS staff have to remove people suspected of committing this offence?
Yours faithfully,
Tobe Hayden Leigh
Thank you for contacting the NHS Kent and Medway Clinical Commissioning
Group Freedom of Information (FOI) Team. We have received your email and
we will be in contact again in due course.
Please be aware this mailbox is monitored from 8:00 to 16:00 Monday to
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Dear NHS Kent and Medway Clinical Commissioning Group,
www. dynamis.training/wp-content/uploads/CJIA_guidance_v2_-_March_2012.pdf/
Please copy and paste the link removing the space after www. as it will not open up otherwise
Yours faithfully,
Mr Leigh
Dear Mr Leigh,
RE: Freedom of Information Request
I am writing to formally acknowledge your request for information regarding Policy and Guidance for Nuisance or Disturbance on NHS premises in Kent, which will be processed under the Freedom of Information Act 2000. I can confirm your request was received on 23 August 2021 by NEL on behalf of the Clinical Commissioning Groups (CCGs) listed below. The references for your requests are shown alongside.
FOI.21.KAM152 NHS Kent and Medway CCG
An initial investigation is currently taking place into whether the information you have requested is held by the CCGs and if so, whether it can be released in accordance with the legislation.
Any fees applicable to this request will be detailed in writing as soon as they can be determined. Your request will then be placed on hold and you will have the choice of whether to proceed with your request. Should any clarification of your request be required we will advise you accordingly.
As you know, the NHS across the country is facing unprecedented challenges during the coronavirus (Covid-19) pandemic, and is working hard to ensure that the appropriate care can be delivered to patients. As such, we would like to advise that we may not be able to provide a response to your request within the normal timescales required of us. If this is the case, a further update will be provided to you in due course.
If you require any assistance, or would like to discuss your request, please do not hesitate to contact us quoting the reference number above.
Yours sincerely,
Freedom of Information Team
NEL
[email address]
Lower Marsh, 3rd Floor
Waterloo, London, SE1 7NT
www.nelcsu.nhs.uk
@NELCSU
LinkedIn
Dear Mr Leigh,
RE: Freedom of Information Request
I am writing to formally acknowledge your request for information regarding Policy and Guidance for Nuisance or Disturbance on NHS premises in Kent, which will be processed under the Freedom of Information Act 2000. I can confirm your request was received on 23 August 2021 by NEL on behalf of the Clinical Commissioning Groups (CCGs) listed below. The references for your requests are shown alongside.
FOI.21.KAM157 NHS Kent and Medway CCG
An initial investigation is currently taking place into whether the information you have requested is held by the CCGs and if so, whether it can be released in accordance with the legislation.
Any fees applicable to this request will be detailed in writing as soon as they can be determined. Your request will then be placed on hold and you will have the choice of whether to proceed with your request. Should any clarification of your request be required we will advise you accordingly.
As you know, the NHS across the country is facing unprecedented challenges during the coronavirus (Covid-19) pandemic, and is working hard to ensure that the appropriate care can be delivered to patients. As such, we would like to advise that we may not be able to provide a response to your request within the normal timescales required of us. If this is the case, a further update will be provided to you in due course.
If you require any assistance, or would like to discuss your request, please do not hesitate to contact us quoting the reference number above.
Yours sincerely,
Freedom of Information Team
NEL
[email address]
Lower Marsh, 3rd Floor
Waterloo, London, SE1 7NT
www.nelcsu.nhs.uk
@NELCSU
LinkedIn
Dear Mr Leigh
Please find attached the response to FOI.21.KAM157 on behalf of NHS Kent
and Medway CCG.
Kind regards,
Freedom of Information Team
NEL
[1][email address]
Lower Marsh, 3^rd Floor
Waterloo, London, SE1 7NT
[2]www.nelcsu.nhs.uk
[3]@NELCSU
[4]LinkedIn
Dear FOI (NHS NEL CSU),
Can you state whether Maidstone Hospital is a Public Authority or not?
If so, what name do they go under for a FOI on this website please.
If not, can you tell me whether they are a Private Authority.
This is not a new FOI for clarity.
Yours sincerely,
Mr Leigh
Dear Mr Leigh
We can’t confirm for certain as we are not experts on the structures of
other organisations.
However it is our understanding that Maidstone Hospital is not a Public
Authority itself, but rather is a part of Maidstone and Tunbridge Wells
NHS Trust. So you would need to contact the Trust as they manage the
hospital.
Kind regards,
Freedom of Information Team
NEL
[1][email address]
Lower Marsh, 3^rd Floor
Waterloo, London, SE1 7NT
[2]www.nelcsu.nhs.uk
[3]@NELCSU
[4]LinkedIn
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