Mollie Stansfield
19 Dec 2022 · Coroner Paul Marks · East Riding and Hull
A similar concern from this report was raised again 1 time later. See the linked reports.
The coroner's concerns
1. failure to understand and implement Section 5(2) MHA 1983
“There was a failure at Hull Royal Infirmary to understand the process of implementing Section 5(2) of the Mental Health act 1983 [MHA] (Doctors Holding Power) as well as general uncertainty about its significance and effect. [the deceased] absconded from the ward whilst apparently under this section. The paperwork for the implementation of this section of the MHA 1983 was in fact not properly completed and hence invalid. Whilst the Hull & East Yorkshire NHS Trust has taken steps to educate doctors about”
2. invalid paperwork for Section 5(2) MHA 1983
“The paperwork for the implementation of this section of the MHA 1983 was in fact not properly completed and hence invalid”
3. lack of national awareness and training on Section 5(2) and 5(4) MHA 1983
“all doctors working in England and Wales should be aware of section 5(2) and nurses of their equivalent power pursuant to section 5(4) of the MHA 1983 and that appropriate awareness and training should be given”
Linked reports
Closely relatedConfidence 0.85 · high
This report
“There was a failure at Hull Royal Infirmary to understand the process of implementing Section 5(2) of the Mental Health act 1983 [MHA] (Doctors Holding Power) as well as general uncertainty about its significance and effect.”
Later report
“Patients admitted onto a ward at the acute Trust detained under various sections of the Mental Health Act have an allocated Responsible Clinician. As section 5 (2) is a holding power only, there is no Responsible Clinician allocated for a vulnerable patient being held pending assessment for consideration for detention under the Mental health Act.”
Responses
2022-0408-Response-from-Department-of-Health.pdf ↗· NHS England
Stated action
“I am therefore taking steps to raise this issue with HSC Trust Chief Executives and relevant professional bodies, in order to ensure that the appropriate action is taken to address this point.”
2022-0408-Response-from-NHS-England-.pdf ↗· NHS England
Stated action
“response, are providing the required guidance and training to all medical professionals who hold these important powers”