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| Clause 5, page 4, line 13, at beginning insert “trauma-informed care, including” |
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| | Member’s explanatory statement
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| | This amendment, together with Amendment 81, would ensure that training requirements for staff |
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| | include training on trauma-informed care. |
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| Clause 5, page 4, line 13, leave out paragraph (g) |
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| | Member’s explanatory statement
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| | This amendment would leave out any specific requirement for training on impact of trauma on a |
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| | patient’s mental and physical health. |
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| Clause 5, page 4, line 14, at end insert “and the impact of the use of force on a |
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| patient who may have experienced violence and abuse.” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment 80. |
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| Clause 5, page 4, line 15, leave out “force” and insert “restraint” |
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| Clause 5, page 4, line 16, leave out “force” and insert “restraint” |
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| Clause 5, page 4, line 18, leave out “the principal” |
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| Clause 5, page 4, line 18, leave out “or ethical” |
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| Clause 5, page 4, line 18, leave out “force” and insert “restraint” |
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| Clause 5, page 4, line 18, at end insert— |
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| | “(l) | the roles, responsibilities and procedure in the event of police |
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| Clause 5, page 4, line 18, at end insert— |
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| | “(m) | awareness of acute behavioural disturbance.” |
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| Clause 5, page 4, line 30, leave out “meets the standards of” and insert “is of an |
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| | Member’s explanatory statement
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| | This is a small drafting change that clarifies that training does not need to be provided under |
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| | Clause 5 if training that was recently provided was of an equivalent standard to the training |
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| | provided under that Clause. |
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| Clause 5, page 4, line 31, leave out subsections (5) and (6) |
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| Clause 5, page 4, line 31, leave out “regular intervals” and insert “least annually”. |
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| | Member’s explanatory statement
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| | This amendment would ensure that staff receive refresher training at least annually. |
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| Clause 6, page 5, line 8, at end insert— |
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| | “(7) | Guidance under this Act shall be published no later than six months after this Act |
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| Clause 6, page 5, line 8, at end insert — |
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| | “(7) | Before publishing the guidance, or any revision that amounts to a substantial |
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| | change in the guidance, the Secretary of State must lay a copy of the guidance or |
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| | the revision, as the case may be, before Parliament.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that the guidance is laid before Parliament before it is issued. |
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| That Clause 6 be transferred to the end of line 34 on page 7. |
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| Clause 7, page 5, line 11, after “any” insert “significant” |
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| Clause 7, page 5, line 12, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 13, leave out subsections (2) and (3) |
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| | Member’s explanatory statement
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| | This amendment would improve transparency and accountability about the use of force by |
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| | ensuring consistency in the recording of all uses of force, not just those that are above a threshold |
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| | to be set in statutory guidance. |
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| Clause 7, page 5, line 13, leave out subsection (2) |
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| Clause 7, page 5, line 13, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 13, at end insert “or does not involve physical contact” |
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| Clause 7, page 5, line 14, leave out subsection (3) |
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| Clause 7, page 5, line 14, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 17, leave out subsection (4) |
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| Clause 7, page 5, line 20, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 21, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 22, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 23, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 25, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 26, leave out paragraph (f) |
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| | Member’s explanatory statement
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| | This amendment would remove the requirement to record a description of how force was used. |
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| Clause 7, page 5, line 26, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 28, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 31, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 33, leave out paragraph (k) |
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| Clause 7, page 5, line 36, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 38, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 39, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 40, leave out “force” and insert “restraint” |
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| Clause 7, page 5, line 41, at end insert— |
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| | “(q) | the relevant characteristics of the staff involved (if known)” |
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| Clause 7, page 5, line 42, leave out “3 years” and insert “12 months” |
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| | Member’s explanatory statement
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| | This amendment would reduce the retention period for a record of use of force from 3 years to 12 |
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| Clause 7, page 5, line 43, at end insert— |
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| | “(6A) | Records must also be kept in the patient’s medical notes.” |
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| Clause 7, page 6, line 5, leave out “made by or under the Data Protection Act 1998” |
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| and insert “of the data protection legislation” |
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| | Member’s explanatory statement
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| | Amendments 5 and 6 are consequential on the Data Protection Act 2018. |
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| Clause 7, page 6, line 6, at end insert— |
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| | “( ) | In subsection (8) “the data protection legislation” has the same meaning as in the |
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| | Data Protection Act 2018 (see section 3 of that Act).” |
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| | Member’s explanatory statement
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| | Amendments 5 and 6 are consequential on the Data Protection Act 2018. |
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| Clause 7, page 6, line 7, leave out subsections (9) and (10) |
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| Clause 7, page 6, line 7, leave out from “(5)(k)” to “mean” and insert “(5)(k) and |
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| (q) the “relevant characteristics” in relation to a patient and member of staff” |
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| Clause 7, page 6, line 8, leave out “the patient’s” and insert “their” |
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| Clause 7, page 6, line 9, leave out “the patient has” and insert “they have” |
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| Clause 7, page 6, line 11, leave out paragraph (c) |
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| Clause 7, page 6, line 11, leave out “the patient’s” and insert “their” |
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| Clause 7, page 6, line 12, leave out “the patient is” and insert “they are” |
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| Clause 7, page 6, line 13, leave out paragraph (e) |
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| Clause 7, page 6, line 13, leave out “the patient’s” and insert “their” |
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| Clause 7, page 6, line 14, leave out paragraph (f) |
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| Clause 7, page 6, line 14, leave out “the patient’s” and insert “their” |
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| Clause 7, page 6, line 15, leave out “the patient’s” and insert “their” |
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| Clause 7, page 6, line 16, leave out paragraph (h) |
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| Clause 7, page 6, line 16, leave out “the patient’s” and insert “their” |
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| Clause 8, page 6, line 20, after “each” insert “calendar” |
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| | Member’s explanatory statement
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| | This amendment would ensure that statistics on the use of force are published at the end of each |
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| Clause 8, page 6, line 21, leave out “force” and insert “restraint” |
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| Clause 8, page 6, line 22, leave out “force” and insert “restraint” |
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| Clause 8, page 6, line 26, leave out “and (n)” and insert “(n) and (q)” |
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| Clause 9, page 6, line 33, leave out “force” and insert “restraint” |
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| Clause 9, page 6, line 35, leave out “death of a patient as a result of the use of force” |
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| and insert “use of force on a patient” |
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| | Member’s explanatory statement
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| | This amendment clarifies that the Secretary of State may review findings that relate to a use of |
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| | force on a patient in mental health units that did not result in the death of the patient. |
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| Clause 9, page 6, line 35, leave out “force” and insert “restraint” |
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| Clause 9, page 6, line 39, at end insert— |
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| | “(2A) | The report published under subsection (2) must make reference to the annual |
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| | statistics published under section 8.” |
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| | Member’s explanatory statement
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| | This amendment, together with Amendments 83 to 85, would improve accountability and |
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| | transparency in the progress towards reducing the overall use of force. |
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| Clause 9, page 6, line 39, at end insert— |
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| | “(2B) | The Secretary of State must make a statement to Parliament, as soon as |
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| | practicable following the publication of report under subsection (2).” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment 82. |
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| Clause 9, page 6, line 41, leave out “and” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment 82. |
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| Clause 9, page 6, line 41, at end insert “and the statement under subsection (2B).” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment 82. |
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| Clause 9, page 6, line 41, at end insert— |
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| | “(3A) | The Secretary of State must lay a copy of the report before Parliament.” |
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| | Member’s explanatory statement
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| | This amendment would require the Secretary of State’s annual report to be laid before Parliament. |
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