Authorised NHS staff can now call on anyone causing trouble or nuisance to leave NHS premises and, should they refuse, remove them, following the introduction of new powers under the Criminal Justice and Immigration Act (CJIA) 2008.
As reported recently in Health Estate Journal (September 2009), the Act creates a new criminal offence of causing a nuisance or disturbance on NHS hospital premises and refusing to leave, and a new power to remove a person suspected of committing this offence. Martin Wiles, head of policy and research at the NHS Counter Fraud and Security Management Service (NHS SMS), said: “These new provisions reinforce the measures already in place to protect NHS staff. The legislation will help prevent low level disruptive behaviour from escalating to violence against staff by focusing on the minority of people who cause a nuisance on hospital premises.” Nuisance or disturbance behaviour includes any form of low-level antisocial behaviour on NHS premises, for example foul language and verbal abuse, intimidating gestures, excessive noise in waiting areas or wards, and obstruction of thoroughfares. Physical removal “must be the last resort and not a substitute for established verbal conflict resolution techniques”. The NHS SMS says it will deliver free training courses for authorised officers and other staff.
