B572 - Face Down Restraint Repeal Bill 2013, TSR Liberal Party
Face Down Restraint Repeal Bill 2013
An Act to ban the use of face-down restraint in psychiatric hospitals.
BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:—
1. Criminalisation of face-down restraint
1.1. Methods of ‘face-down restraint’, defined as: “restraint where an individual is pinned face down (prone) on the floor and physically prevented from moving out of this position”, are legally prohibited from the date of commencement.
1.2. The use of ‘face-down restraint’ will result in the following prosecution:
......1.2.1. Individuals found guilty of using the aforementioned methods of restraining patients will be liable for prosecution under the existing framework for Common Assault (Criminal Justice Act 1988, section 39), with a maximum statutory penalty of six months imprisonment.
......1.2.2. In addition to the prosecution of individuals for breaching the ban on ‘face-down restraint’, the organisation managing psychiatric care facilities are liable for a maximum fine of £5000, if this legislation is breached.
2. Commencement and extent
2.1. This act shall come into force on the first day of September 2013.
2.2. This act applies to psychiatric hospitals and institutions across the entire United Kingdom.
Notes
Face-down restraint is an outdated and violent practice in psychiatric hospitals, responsible for almost 1,000 cases of physical injury in 2012. Face-down restraint is dangerous to the health of patients, compromising their ability to breath normally and often resulting in bruising at the very least.
This method of restraining patients often results in further damage to their mental health, particularly for patients who have experienced physical abuse in childhood and may relive their experiences.
This legislation will establish nationwide consistency on restraint, and restrict methods that may damage the physical and mental health of patients.
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