I beg to move amendment 84, in clause 4, page 3, line 12, leave out subsections (1) to (3) and insert—

‘(1) The responsible person for each mental health unit must publish information for patients about the rights of patients in relation to the use of force by staff who work in that unit.

(1A) Before publishing the information under subsection (1), the responsible person must consult any persons that the responsible person considers appropriate.

(1B) The responsible person must provide any information published under this section—

(a) to each patient, and

(b) to any other person who is in the unit and to whom the responsible person considers it appropriate to provide the information in connection with the patient.

(1C) The information must be provided to the patient—

(a) if the patient is in the mental health unit at the time when this section comes into force, as soon as reasonably practicable after that time;

(b) in any other case, as soon as reasonably practicable after the patient is admitted to the mental health unit.’

This amendment replaces Clause 4(1) to (2) with a duty to publish information about the rights of patients in relation to the use of force in a mental health unit. Before publishing the information, a consultation must be carried out. The published information must be given to patients in the mental health unit and to new patients admitted to the unit, and to any other person considered appropriate if in the unit.

With this it will be convenient to discuss the following:

Amendment 19, in clause 4, page 3, line 24, leave out from “provided” to “in” in line 27.

This amendment removes the requirement that the Secretary of State must prescribe the form that information under Clause 4 must be provided.

Amendment 20, in clause 4, page 3, line 27, leave out “with regard to” and insert “having regard to”.

This amendment is a drafting change to Clause 4(4)(b).

Amendment 21, in clause 4, page 3, leave out line 28.

This amendment removes a paragraph that deals with providing information under Clause 4 that has regard to the patient’s communication needs because that paragraph is unnecessary.

Amendment 22, in clause 4, page 3, line 29, leave out “capacity” and insert “ability”.

This amendment is a drafting change to avoid confusion with the terminology of the Mental Capacity Act 2005.

Amendment 23, in clause 4, page 3, line 30, leave out subsection (5).

This amendment is a drafting change linked to Amendment 22.

Amendment 24, in clause 4, page 3, line 31, at end insert—

‘( ) The responsible person must keep under review any information published under this section.

( ) The responsible person may from time to time revise any information published under this section and, if this is done, must publish the information as revised.

( ) If the responsible person considers that any revisions would amount to a substantial change in the information, the responsible person must consult any persons that the responsible person considers appropriate before publishing the revised information.’

This amendment requires the responsible person to keep information published under Clause 4 under review. If the responsible person intends to make substantial changes to the information published under that clause, then a consultation must be conducted.

Amendment 85, in clause 4, page 3, line 31, at end insert—

‘( ) The duty to provide information to a patient under subsection (1B) does not apply if—

(a) the patient refuses to accept the information, or

(b) the responsible person considers that the provision of the information to the patient would cause the patient distress.

( ) The duty to provide information to another person under subsection (1B) does not apply if—

(a) the patient requests that the information is not provided to the person, or

(b) the responsible person considers that the provision of the information to the person would cause the patient distress.’

This amendment provides exceptions to the duties to provide information under Clause 4. It provides that a patient can refuse to accept the information or request that it is not provided to another person, and the information does not need to be provided if it would cause distress to the patient.

The amendment deals with the requirement to provide patients with information about their rights. Many patients entering a mental health unit will be in a state of considerable distress. Many of them will be unaware of their rights regarding the use of force. Currently it is not universal practice that those patients are informed about what those rights are so that they can ensure that those rights are not infringed.

It is important that any patient entering a mental health unit is aware of what may or may not be done to them regarding the use of force, so that if people in the unit seek to do things to them that go beyond their rights, they are able to call it out and stop it. This applies not just to the individual concerned, but to their carers, family members or close relatives who might be there with them, who are often unfamiliar with mental health units and have equally high levels of concern. It is important that they, too, are aware of what their loved one’s rights are.

As the amendments make clear, we are not being prescriptive in the Bill, but the intention is that the information will include detail about the unit’s policy on the use of force, plus the complaints procedure. We would also like the patient to be provided with details of organisations from which they can get free and independent advice. Many of the advocacy organisations have pushed very hard to have these amendments and this clause in the Bill, and I am sure that they will be reassured to see them included.

The clause also requires the information to be given to someone with the patient if they are known to the responsible person and are at the unit. It is only right that families and carers are aware of what might happen to their loved ones while they are in the unit, and what rights they have so that they can ensure that those rights are properly exercised.

Amendment 84 sets out a duty to publish information for patients about their rights in relation to the use of force in a mental health unit. Before publishing the information, the responsible person must consult whoever they consider appropriate, including those connected with the patient. I expect that to include service users and their families, but there are situations in which it is possible that family members will not be in the unit.

Amendment 19 removes the requirement that the Secretary of State must prescribe the form of that information, as that will be set out in the guidance under clause 6. However, the information must be in an accessible format, having regard to the patient’s ability to understand the information. Amendment 22 changes the terminology from “capacity” to “ability” so as to avoid confusion with the terminology in the Mental Capacity Act 2005. Amendment 21 removes the reference to the patient’s communication needs, because this is already included in the need to have regard to the patient’s ability to understand the information.

Finally, amendment 85 provides exceptions to the duties to provide information. It clarifies that the duty does not apply where a patient refuses to accept the information or requests that information not be provided to the nearest relative or carer. The duty will also not apply in cases where providing the information could cause distress to the patient. The amendment has raised some concerns about whether this would create a loophole in which patients are not told about their rights. I hope the Minister will reassure the Committee that this will not be the case, as it is certainly not the intention.

I said at the beginning of today’s proceedings that I view the measures enshrined in the Bill as an important social reform. These amendments and this clause go to the heart of that, in the sense that it is all about empowering patients and enshrining their rights. That is very much the spirit in which we are embarking on the review of the Mental Health Act, so we completely support the clause and the amendments.

The amendments ensure that other appropriate people, such as patients’ carers and relatives, will normally receive information about use of force, which is key for patients who do not always understand the information that is given to them, as the hon. Gentleman suggested. It is also important to understand that sometimes too much information can cause patients further distress at a difficult time. In those circumstances, a good relationship with relatives and carers is extremely important. That can be as much about empowering the patients as furnishing the individual with such information.

On the specific concern that amendment 85 might cause a loophole, I must emphasise that the exception is not about letting any unit off, but about recognising when it might be appropriate so that information will not cause further unintended distress and ensuring that patients’ interests are protected. Different patients will require different approaches, and a one-size-fits-all approach does not count.

When the measure is set alongside the other provisions in the Bill, we are satisfied that we have the right balance between protecting the rights of patients and empowering them—and empowering their carers and relatives to look after them—while having appropriate safeguards to prevent further distress. I support the amendments.

Amendment 84 agreed to.

Amendments made: 19, in clause 4, page 3, line 24, leave out from “provided” to “in” in line 27.

This amendment removes the requirement that the Secretary of State must prescribe the form that information under Clause 4 must be provided.

Amendment 20, in clause 4, page 3, line 27, leave out “with regard to” and insert “having regard to”.

This amendment is a drafting change to Clause 4(4)(b).

Amendment 21, in clause 4, page 3, leave out line 28.

This amendment removes a paragraph that deals with providing information under Clause 4 that has regard to the patient’s communication needs because that paragraph is unnecessary.

Amendment 22, in clause 4, page 3, line 29, leave out “capacity” and insert “ability”.

This amendment is a drafting change to avoid confusion with the terminology of the Mental Capacity Act 2005.

Amendment 23, in clause 4, page 3, line 30, leave out subsection (5).

This amendment is a drafting change linked to Amendment 22.

Amendment 24, in clause 4, page 3, line 31, at end insert—

“( ) The responsible person must keep under review any information published under this section.

( ) The responsible person may from time to time revise any information published under this section and, if this is done, must publish the information as revised.

( ) If the responsible person considers that any revisions would amount to a substantial change in the information, the responsible person must consult any persons that the responsible person considers appropriate before publishing the revised information.”.

This amendment requires the responsible person to keep information published under Clause 4 under review. If the responsible person intends to make substantial changes to the information published under that clause, then a consultation must be conducted.

Amendment 85, in clause 4, page 3, line 31, at end insert—

‘( ) The duty to provide information to a patient under subsection (1B) does not apply if—

(a) the patient refuses to accept the information, or

(b) the responsible person considers that the provision of the information to the patient would cause the patient distress.

( ) The duty to provide information to another person under subsection (1B) does not apply if—

(a) the patient requests that the information is not provided to the person, or

(b) the responsible person considers that the provision of the information to the person would cause the patient distress.’—

This amendment provides exceptions to the duties to provide information under Clause 4. It provides that a patient can refuse to accept the information or request that it is not provided to another person, and the information does not need to be provided if it would cause distress to the patient.

Clause 4, as amended, ordered to stand part of the Bill.

Clause 5