Policy and Guidance for Nuisance or Disturbance on NHS premises inMaidstone and Tunbridge Wells

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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/CJIA_guidance_v2_-_March_2012.pdf/

(Please copy and paste the link removing the space after www. as it will not open up otherwise)

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

FOIadmin (MAIDSTONE AND TUNBRIDGE WELLS NHS TRUST), Maidstone and Tunbridge Wells NHS Trust

1 Attachment

Dear Mr Leigh

 

Please see the attached letter.

 

Many thanks.

 

On behalf of the Information Governance Department

Email: [1][email address]

 

Completed Freedom of Information requests are published on the Trust
website [2]http://www.mtw.nhs.uk/freedom-of-informa...

 

This transmission is intended for the named recipient only and is
confidential in nature. If received in error, please return it to the
sender and delete any copies. The information contained in this email may
be subject to public disclosure under the NHS Code of Openness or the
Freedom of Information Act 2000 (unless legally exempt from disclosure).
Additionally, any personal information recorded within the email may be
subject to Data Protection legislation. If your email is a request for
information under the Freedom of Information Act 2000, please forward it
to FOI admin who will action your request. Email:
[3][email address]  or write to FOI admin, Trust Management,
Maidstone and Tunbridge Wells NHS Trust, Maidstone Hospital, Hermitage
Lane, Maidstone, ME16 9QQ

 

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FOIadmin (MAIDSTONE AND TUNBRIDGE WELLS NHS TRUST), Maidstone and Tunbridge Wells NHS Trust

1 Attachment

Dear Mr Leigh

 

Please see the attached letter.

 

Many thanks.

 

On behalf of the Information Governance Department

Email: [1][email address]

 

Completed Freedom of Information requests are published on the Trust
website [2]http://www.mtw.nhs.uk/freedom-of-informa...

 

This transmission is intended for the named recipient only and is
confidential in nature. If received in error, please return it to the
sender and delete any copies. The information contained in this email may
be subject to public disclosure under the NHS Code of Openness or the
Freedom of Information Act 2000 (unless legally exempt from disclosure).
Additionally, any personal information recorded within the email may be
subject to Data Protection legislation. If your email is a request for
information under the Freedom of Information Act 2000, please forward it
to FOI admin who will action your request. Email:
[3][email address]  or write to FOI admin, Trust Management,
Maidstone and Tunbridge Wells NHS Trust, Maidstone Hospital, Hermitage
Lane, Maidstone, ME16 9QQ

 

show quoted sections