Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether he plans to review the legal framework governing the care of people experiencing a mental health crisis in emergency departments.

Answered by Preet Kaur Gill

People who are acutely unwell and in a mental health crisis often do go to accident and emergency (A&E), and in some cases, a Mental Health Act assessment may be needed. In some cases, often due to distress or delays, the person may try to leave A&E before the assessment can be completed. In these instances, there can be confusion and often a lack of confidence about whether or what legal powers are available to health professionals to hold someone in A&E to keep them safe until the assessment can be completed.

We accept that there may be a need to provide greater clarity on the powers which are available to health professionals to keep people safe in a mental health crisis. We have committed to a consultation exploring the powers available to different professionals in different situations and settings, in particular but not limited to consulting on the operation of sections 135 and 136 powers under the Mental Health Act. The consultation will seek views on powers and joint working approaches to ensure health and social care professionals and police have the appropriate powers to act in order to protect people from harm to themselves and to others when in a mental health crisis.

As part of this, we will look to understand how the current legal framework in emergency departments is applied, and identify solutions to the problems raised. We will seek to provide further guidance on the existing legal framework and the handover protocol between health and police in the next revision of the Code of Practice.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps he is taking to clarify accountability for patient safety where care is delivered across multiple NHS organisations.

Answered by Diana Johnson - Minister of State (Department of Health and Social Care)

The primary responsibility for the safety of care rests with each National Health Service provider and its board. We expect providers to work together to manage risks that arise across organisational boundaries and to ensure continuity and coordination of care for patients.

Quality and safety risks are managed in accordance with the National Quality Board’s national guidance on Quality Risk Response and Escalation, which details the structure for quality governance across the NHS system.

Integrated care boards are required to establish System Quality Groups, bringing together NHS organisations, NHS England regional representatives, local authorities, regulators, commissioners and other partners to oversee quality and patient safety across local systems. Where appropriate, System Quality Groups can escalate concerns to NHS England Regional Quality and Safety Teams or if necessary further still to NHS England's Executive Quality Group to enable coordinated action across regional boundaries.

Lord Lieutenancy of Surrey transition

Second Reading of the Mental Capacity (Duty to Assess) Bill

Found: Secretary to the Treasury from 09/07/2024 to 14/01/202544 – – – – 11,548 (22,375) – 3,000 15,000 Jeremy Hunt

Found: Secretary to the Treasury from 09/07/2024 to 14/01/202544 – – – – 11,548 (22,375) – 3,000 15,000 Jeremy Hunt

Found: Earlier in the debate, Jeremy Hunt (the then Secretary of State) said: ‘Our concern is that companies

Found: govuk-table__cell govuk-table__cell--empty">Not set

Found: Jeremy Hunt BEIS_0009_2021-Q3 Smart Metering Implementation Programme DESNZ Infrastructure and Construction