Searching of In-Patients, Visitors and Rooms CLP057. Table of Contents

Searching of In-Patients, Visitors and Rooms CLP057 Table of Contents Searching of In-Patients, Visitors and Rooms CLP057... 1 Why we need this Policy... 2 What the Policy is trying to do... 3 Which stakeholders have been involved in the creation of this Policy... 3 Any required definitions/explanations... 3 NHFT... 3 Absent With Out Leave... 3 Area Search... 3 Personal Search... 4 Strip Search... 4 Key duties... 4 Chief Executive... 4 Chief Operating Officer... 4 Deputy Directors and Heads of Service... 5 Senior Matrons and Service Managers... 5 House Managers and Ward Matrons... 5 Nurse in Charge... 5 Responsible Clinician... 5 Policy detail... 5 Circumstances where search must be completed... 6 Planned Searches... 6 The searching of patients property when returning to the ward... 6 Use of Care plans... 6 Unplanned Searches... 6 Consent to undertake a Personal Search... 6 Refusal of Consent... 7 A Search Conducted in the Absence of Consent... 7 Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 1 of 19

Decision Not to Proceed With Search... 7 Specific Considerations with Visitors:... 8 Personal Searches... 8 Personal Search The Individual... 8 Personal Search Individual s Room / Bed Space / Locker... 9 Strip Searches of Patients... 9 Random and Routine Searches of Patients... 9 Best practice principles when carrying out a search... 10 Procedure for Confiscation... 10 Procedure for Disposal/Safe Keeping... 11 Procedure for Corporate Reporting and Documentation of a Search... 11 Training requirements associated with this Policy... 12 Mandatory Training... 12 How this Policy will be monitored for compliance and effectiveness... 12 For further information... 13 Equality considerations... 13 Reference Guide... 14 Document control details... 14 Appendix 1 - The Mental Health Act 1983 Code of Practice (2008)... 16 Appendix 2 - Personal Search Record Form... 17 Appendix 3 - Safety Guidelines for Patients and Visitors... 19 Why we need this Policy A number of the patients admitted to NHFT in-patient settings have an identified risk of harm, either to themselves or to others. The aim of this policy therefore is to: create and maintain a therapeutic environment in which treatment may take place and to ensure the security of the premises and the safety of patients, staff and the public" (16.11 Mental Health Act Code of Practice 2008). Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 2 of 19

What the Policy is trying to do This policy is intended to provide guidance for staff that may need to undertake a search because of an identified risk that items may be present on the ward / unit which present a risk to patients, visitors or staff. The policy has been based on legal requirements, the requirements of the Mental Health Act Code of Practice (2008) and NICE (CG 25 2005) guidance. Special attention has also been paid to the following: The Mental Health Act 1983 (As amended by 2007 Act) The Mental Capacity Act 2005 Equality Act 2010 The Mental Health Act Manual (Jones 2009) The Human Rights Act 1998, in particular Article 8 of the European Convention on Human Rights: Right to respect for private and family life. This policy seeks to provide a framework within which healthcare professionals may conduct a search of a patient (with or without consent) and a visitor (with consent). This includes a search of property or the patient s ward area/bed space. This policy is not a substitute for clear and considered clinical judgement and will only guide actions as a result of that judgement. It does not seek to qualify or interpret the law, but rather to provide an accessible guideline within which that law may be observed. Which stakeholders have been involved in the creation of this Policy Patient Advocacy, Staff Side, Trust Solicitors Trust Policy Board Any required definitions/explanations NHFT Northamptonshire Healthcare NHS Foundation Trust Absent With Out Leave AWOL (See policies CLP 028 and CRM 003) Area Search a search of the communal areas within the Trust premises which may also include the ward / treatment area. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 3 of 19

Personal Search a search of a service user s property or person. A personal search may involve the use of a metal detector and / or physical contact (pat / rub down). The process does not involve the removal of clothing except for outer-wear (e.g. coats, jackets etc.) and footwear. Strip Search A search that would involve removal of the service user s clothing. Contraband / Illicit / Dangerous Items For the purpose of this policy, contraband items are defined as those not permitted on inpatient areas. The terms Illicit or dangerous are defined as those items or substances, which in the judgment of the accountable professional, constitute a risk to the successful treatment of patients or the safety or welfare of any person on the premises of the Trust. An exhaustive list of dangerous items or substances would not be practicable to produce, as some items that are normally not deemed dangerous may have been modified or held with intent to cause harm, however examples could include: Sharps e.g. knives, razors, scissors, needles and other weapons Alcohol, Drugs and solvents or suspected dangerous substances (for classification and confiscation procedure please refer to CLP051 Policy for the Management of Suspected Illicit Substances and Alcohol by Patients/ Visitors in Acute Inpatient Areas Medication - either prescribed or purchased over the counter Toxic substances e.g. bleach Lighters, matches etc for those patients where these items may present a risk. Plastic Bags Any item that has the potential to be fashioned into a ligature when there is a risk of self-harm, suicide or harm to others and the risk assessment has established the need to remove the item. At present the Trust does not have an agreement for safe self harm practices to be undertaken on ward premises. In the future if the Trust establishes a policy and procedure for this then the Search policy will be revised to reflect this. Key duties Chief Executive Is responsible for ensuring the principles of this policy and procedures and other associated policies are implemented across the organisation. Chief Operating Officer Is responsible for ensuring policy and procedures are embedded into clinical practice as well as ensuring they are updated regularly using latest recommendations. They are also Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 4 of 19

responsible for the identification and implementation of training educational needs arising from any relevant monitoring and lessons learnt. Deputy Directors and Heads of Service Will monitor the implementation of this policy via audit and supervision. Senior Matrons and Service Managers Are responsible for ensuring that staff working in their service are aware of the policy. House Managers and Ward Matrons Are responsible for: Ensuring that the latest version of the policy in hard copy is available for staff to refer to on their ward. Raising awareness of the policy in their team meetings. Ensuring that staff working in their area have completed Search Training and that training records are maintained to reflect this Ensuring that systems are in place for weekly checking of the Search Kit. The Ward Matron has the authority to conduct a search within their ward area and also must be advised each time a search is undertaken. They are responsible for maintaining a record of all searches carried out with their area. Nurse in Charge The nurse is charge has the authority to conduct a personal search controlled by law and will be aware of the legal parameters within which they must operate through attending training and this policy. The nurse in charge of the ward is responsible for obtaining consent for a search to be undertaken and recording this within the clinical record. They are responsible for initiating the search process, documenting the reasons for initiating the search and recording steps taken, informing on call / senior staff and RMO. The nurse in charge must also ensure that any contraband items found as a result of a search are stored safely or disposed of appropriately. Responsible Clinician The Responsible Clinician will be advised by the nurse in charge each time a search is undertaken on a patient to whom they are responsible for. The responsible clinician is also the only person who can authorise a strip search as described in section 6.4 of this policy. Policy detail Searches will always be carried out in a respectful manner. Patients and visitors will be informed of the items considered contraband on admission and they will be given information on the procedures contained within this policy. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 5 of 19

Circumstances where search must be completed At the point of admission, Upon return from a period of Absent Without Leave (AWOL), Upon return from leave (if unescorted) or at any time during the patients stay or visitors visit, when staff have reasonable suspicion that the patient or visitor may have harmful substances in their possession. Where it is a known a patient has dangerous or violent propensities and there are reasons to suspect that the patient may be carrying a weapon. This is not an exhaustive list of situations when a search may is to be completed and healthcare professionals should use their own professional judgement. Planned Searches The searching of patients property when returning to the ward There is a requirement under CLP026 - Controlled Access Policy for all entrants to the ward areas to be met by a member of staff who will facilitate access. As part of the management of patient s property (FPP004p-1 Service users Money and property), certain items of patient property need to be logged either for safekeeping or as being retained by the patient on the forms within the policy. Therefore there is a requirement for patients and visitors bags to be searched upon entering the ward area. Use of Care plans Care plans should be used wherever there is a requirement to search patients or their property where there is an established risk of a patient harming themselves or using contraband / illicit substances. Care plans must give clear guidance to the ward team as to the circumstances in which a personal search should be undertaken as well as the frequency and circumstances where their property will be searched. This includes the searching of parcels and mail delivered to the ward for the patient where there is an established risk. Patients will be actively involved in the formulation of their care plans and wherever possible these care plans will be co-produced by the patient and the MDT to promote the ethos of recovery and support self-management. Unplanned Searches Consent to undertake a Personal Search An assessment of the persons mental capacity and ability to understand and communicate their consent to the search must be undertaken prior to carrying out a personal search. The process of assessment of capacity to consent should be clearly documented. Where the patient lacks capacity the responsible clinician should, wherever possible, be informed. In all cases the consent (verbal or written) of the person should be sought before a search is undertaken. A full explanation regarding the procedure will be given in a quiet private area. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 6 of 19

The individual will have the opportunity to hand over items or substances, to a member of staff thereby preventing the need for a personal search. Searches should not be delayed however if there is a reasonable belief that the patient is in possession of items that may pose an immediate risk to their own safety or of others. Consent obtained by means of a threat, intimidation or inducement is likely to render the search illegal. Refusal of Consent If the patient with or without capacity does not agree to being searched, the responsible clinician, the nurse in charge of the unit (or failing that, another senior clinician with knowledge of the patient s case) should be contacted to inform them of the decision to carry out the search. If the senior clinician objects to the search, but the accountable professional, or Nominated Deputy, feels there are clear grounds to continue, the search will take place but the matter/incident will be referred to the Head of Service or Deputy Director (out of hours, this would be referred to the Executive Director on call). Following this a postincident review must take place. A Search Conducted in the Absence of Consent Before a search can be instigated there must be clear evidence that there is a serious risk to the patient or others, identifying that this situation cannot reasonably be managed by any other means. If a search has been deemed necessary despite the patient s objections the following will apply: If force has to be used, it should be at the minimum level necessary. Where a patient physically resists being personally searched, physical intervention should normally only proceed on the basis of a multi-disciplinary assessment, unless the search is urgently required. Decision Not to Proceed With Search The decision not to search can only be taken by a senior member e.g. Ward Matron, Responsible Clinician, Clinical/Medical Director or by a multi-disciplinary decision. If this decision is taken the patient must be kept on enhanced observations appropriate to the level of risk (seek guidance from the Safe and Supportive Observation of Patients Policy CLP008, away from other patients. What is appropriate will be a matter of clinical judgement on a case by case basis, the solution that is reached should be in the best interests of the patient whilst maintaining the security of the premises and the safety of patients, staff and the public. The refusing patient will be kept on enhanced observations appropriate to the level of risk (seek guidance from the Safe and Supportive Observation of Patients Policy CLP008 ), in an Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 7 of 19

area away from other patients. The patient will be kept informed of what is happening and why in terms appropriate to their understanding. Specific Considerations with Visitors: All visitors will be discreetly observed whilst on the unit. A visitor suspected of carrying or supplying dangerous items will be challenged, and they will be asked to adhere to the policy. The item will be removed to a secure place, with clear explanation as to why the concern has arisen. A visitor may not be searched without their consent. If a visitor refuses to be searched staff must consider whether it is appropriate for restrictions to be placed on their visits (e.g. observed visit only) or if they should be prohibited from visiting at all. You should be mindful of the potential psychological impact on the patient of prohibiting a visitor however; these risks must be considered against the potential risks of contraband items being brought onto the ward. If the visitor is allowed to continue visiting and the situation reoccurs, then the multidisciplinary team will meet to discuss the appropriateness of continuing to allow the visitor access to the unit. Consideration must be given to the impact that this may have on the patient, and that withholding visitors is a significant infringement of the patient s rights, such a decision should be carefully considered and full agreement of the team must be reached. Where a visitor lacks capacity, advice from the Trust s legal department should be obtained before continuing. Personal Searches Searches must be carried out in a safe, legal, ethical and reasonable manner, and in relation to personal searches of patients in accordance with the planned care being implemented. A full detailed account, including the reasons for the search, must be entered in the electronic patient record at the time of or immediately following a property or personal search. If the situation cannot reasonably be managed by other means the search should be proportionate to the identified risk and should involve the minimum possible intrusion into the person s privacy. Searching may include areas such as clothing, belongings, room, ward and bed area and lockers (where appropriate). Personal Search The Individual The act of searching a patient must be undertaken with the utmost respect, with due consideration to gender, culture and faith. The act of searching an individual must always be carried out by same sex professionals unless the patient consents otherwise. The search will be conducted with consideration for the privacy and dignity of the individual using a systematic rub down technique and or the use of a hand held metal detectors or metal Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 8 of 19

detector gloves. A personal search may be carried out prior to a patient being secluded following a particular incident in which case the seclusion policy should be consulted and followed (CLP007). Personal Search Individual s Room / Bed Space / Locker The search of the patient s room/property/bed area, must proceed under the guidance of the nurse in charge, in a systematic way. A member of staff of the same sex should carry out searches of a person, unless necessity dictates otherwise. There should always be at least two accountable professionals present.. The patient must be given the opportunity to be present during a search of their room (or bed area) and staff must work in a minimum of pairs. Strip Searches of Patients Strip searches should be performed in extremely rare circumstances, where the healthcare team have good evidence to suggest that a patient may have secreted something that they may then be able to use to harm themselves or others. Strip searches must never be carried out without the consent of the patient, or the agreement of the Responsible Clinician. Should a strip search be necessary it must always be carried out by same sex professionals. Random and Routine Searches of Patients The regime adopted by the service must be proportionate to the level of risk posed by the patient population to the maintenance of a safe and therapeutic environment. Random searches can only take place if the units can show that there is a "self-evident and pressing need for it", and that the search is "proportionate to the aim pursued" (R v Broadmoor Special Hospital ex parte S (1998) COD 199). Some examples of when searches should take place are: If items of cutlery go missing; there is credible evidence to suggest that a patient is in possession of contraband items, or objects that could be used to harm self or others. Units must routinely search patients upon admission to minimise the risk that they present to themselves and others. Routine and random searching where the patient does not consent should only be carried out in exceptional circumstances. For example, for a patient with known dangerous or violent propensities. If staff are sufficiently concerned for the safety of themselves or others they may contact the duty Sergeant, Northamptonshire Police to discuss the issue Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 9 of 19

Best practice principles when carrying out a search Ensure that the patient is aware of the intention to and reasons for the proposed search and how the search will take place. If a person does not understand or is not fluent in English, the services of an interpreter should be sought, if practicable. Specific needs of the disabled and children should be considered. All searches must be carried out with respect for the individual s privacy and dignity at all times. All searches are undertaken with respect for the person, and usually should not be seen as an infringement of their rights. Due to the nature and environment of the Northamptonshire Healthcare NHS Foundation Trust s in patient services, items that in other environments may not be seen as significant in terms of risk, will be in the context of this specialised area. At all times during the search of a person or their belongings, only the minimum force necessary should be used. The searching of the person s property must be completed, where possible, with the person present, and two nurses (or other accountable professionals) A carer, who wishes, may be involved in supporting the patient (or visitor if relevant) during the search, but only with the patient s (or visitors) consent and when the risks do not outweigh the benefits. From the time that a concern triggering the need for a search is first raised, the person concerned must be observed at all times. Procedure for Confiscation Should there be a need to confiscate an item of property this policy should be read in conjunction with the policy CPL051 for the Management of suspected illicit substances and alcohol by service users and visitors on Trust premises. Any illicit items or items that could be perceived to put the public at risk if returned to the patient or visitor will be handed to the police without naming the person involved. Sharing risk information is a legal responsibility and must be documented in the risk assessment and patient history. Property sheets must be completed at the time items which have been deemed dangerous are taken into safe-keeping and returned (if appropriate) at the point of discharge. Any items that are removed from the patient or visitor and are deemed not to be suitable for the individual whilst an in patient or a visitor, can be given to carers to take home, (if the patient agrees), or will be listed and stored safely until the patient moves to a less secure setting or the visitor leaves. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 10 of 19

Procedure for Disposal/Safe Keeping On completion of the search, if any items belonging to the patient or visitor are removed, the patient or visitor should be informed where these are being kept and given a receipt for the property. Suspected illicit substances: Refer to: Management of Alcohol and Drug Use by Service Users/Visitors on Trust Premises (CLP051). Legally held sharps (e.g. blades, scissors etc): will be stored in a secure place (e.g. safe or locked cupboard) and logged and returned to the service user on discharge. Any items deemed to be weapons (e.g. switch blades, firearms, martial arts equipment etc.): will be stored in a secure place (e.g. safe or locked cupboard) and logged. The Police will be contacted for advice to ensure the safe disposal of the item stored is carried out prior to the discharge of the patient or the visitor leaving, if practicable Guidance for its immediate disposal (in the best interest of the patient, other patients, visitors or staff) will be sought from the Clinical Services Manager or duty manager to whom the incident is reported. The Inpatient Service Manager will decide if hospital security or, in rare circumstances, the police need to be involved with the process. Procedure for Corporate Reporting and Documentation of a Search Following a Personal Search of a Patient The Responsible Clinician / On-call Consultant will be informed of the incident as soon as possible after the event. If the search takes place out of normal working hours the On-call Consultant will be notified and the Responsible Clinician the next day. A record will be made of the incident using Appendix 11 (Personal Search Report Form) and a note of the incident will be made in the patient s clinical record. A incident form will also be completed using the datix web system. The Risk Management plan will be reviewed / updated including any therapeutic action/intervention in relation to the incident documenting what was found. The Service Manager will be informed of the incident at the next opportunity, during normal working hours. Support following a search will be offered to patients, visitors, carers and staff through the Patient Advice and Liaison Services, or the independent advocacy services offered by the Trust or Communicare Counselling Services. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 11 of 19

Following a Personal Search of a Visitor A comprehensive record of the search, including the reasons for it and details of any consequent risk assessment should be made within the clinical record of the patient who is being visited. An incident form will also be completed using the datix web system. Training requirements associated with this Policy Mandatory Training All hospital based nursing staff are required to undertake Search training every 2 years. The PMVA Department are responsible for the training being available to staff and are responsible for the training package taught to staff. The individual Ward Matron are responsible for maintaining a register of those staff trained and giving staff the opportunity to attend. It is each individual staff member s responsibility to avail themselves for training. The philosophy behind this policy is that every nurse (or other accountable professional) involved with patient care will be sensitive to the specific needs and individuality of the patient in their care. This will mean that they will have a good understanding of issues and guidance in relation to spirituality, religiosity, gender, sexuality, age, history, race, culture and disability. The policy also envisages that the searching of visitors will be sensitive to their spirituality, religiosity, gender, sexuality, age, history, race, culture and disability. How this Policy will be monitored for compliance and effectiveness Monitoring and audit To ensure that best practice is always adhered to, feedback will be sought from representatives of the patient/client Advice Liaison Service and advocacy services. Staff will be encouraged to give feedback about the process of searching patients and visitors and regular review dates will be incorporated in the policy to reflect practice development and the changes in law. The process for audit and monitoring is as follows; Personal Search Form to be completed by Nurse in Charge of shift. The Ward Matron will scrutinise form and maintain a search register containing completed forms for all searches that have taken place within their area. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 12 of 19

The Service Manager to review incidents of search quarterly and report the use of this intervention to the PMVA Monitoring Group. The reason for this is to ensure that trends regarding contraband items can be identified and shared across the organisation. The data relating to the Searching of patients will be reported to the Trusts Governance Group through the Mental Health Act Scrutiny report every quarter. This will report on the number of personal searches carried out, the wards where these searches have taken place, number of searches conducted without the consent of the patient and the items found. Aspect of compliance or effectiveness being monitored Duties Number of personal searches undertaken Wards where the searches have taken place Number of personal searches that have been carried without patient consent. Items found during the search There can be more than one aspect to be monitored so list each separately Method of monitoring Individual responsible for the monitoring Monitoring frequency To be addressed by the monitoring activities below. Register of Personal Searches Ward Matron Service Manager to monitor quarterly in their respective service Group or committee who receive the findings or report PMVA Monitoring Group Mental Health Act Manager to report to Trust Governance Report through Scrutiny Report Group or committee or individual responsible for completing any actions PMVA Monitoring Group If there is mandatory Training will be monitored in line with the Statutory and Mandatory Training Policy. training associated with this document state the mandatory training here Where a lack of compliance is found, the identified group, committee or individual will identify required actions, allocate responsible leads, target completion dates and ensure an assurance report is represented showing how any gaps have been addressed. For further information Please contact the Head of Service, PMVA Manager, LSMS, PMVA Advisor. Equality considerations Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 13 of 19

The Trust has a duty under the Equality Act and the Public Sector Equality Duty to assess the impact of Policy changes for different groups within the community. In particular, the Trust is required to assess the impact (both positive and negative) for a number of protected characteristics including: Age; Disability; Gender reassignment; Marriage and civil partnership; Race; Religion or belief; Sexual orientation; Pregnancy and maternity; and Other excluded groups and/or those with multiple and social deprivation (for example carers, transient communities, ex-offenders, asylum seekers, sex-workers and homeless people). The author has considered the impact on these groups of the adoption of this Policy and the emphasis will be on upholding individual human rights. In the application of this policy the expectation is that clinicians act in a way which is culturally sensitive, respectful and that maintains the dignity of the service use. This will be irrespective of whether or not they agree/disagree to a search. Particular attention will be paid to service users who are vulnerable due to communication barriers or physical disability. All efforts will be made to ensure we uphold and respect service users in a compassionate and dignified manner. Reference Guide Department of Health (2008) The Mental Health Act Code of Practice. London. TSO NICE (2005) Violence: The short-term management of disturbed / violent behaviour in in-patient psychiatric settings and emergency departments CG 25. London. NICE Document control details Author: Head of Mental Health (South), PMVA Manager, LSMS, PMVA Advisor Consultation with Inpatient Recovery and Co-production Group Approved by and date: Trust Policy Board 5.12.16 Responsible Committee: Clinical Exec. Any other linked Policies: CLP003 - Missing patients CLP007 - Seclusion Policy CLP008 - Observation policy CLP028 - AWOL Policy CLP051 - The Management of Suspected Illicit Substances and Alcohol Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 14 of 19

By Service Users/visitors in Inpatient and Residential Areas Policy number: CLP057 Version control: Version 1: presented to Trust Policy Board on 18 th October 2013. Version No. Date Ratified/ Amended Date of Implementation Next Review Date Reason for Change (eg. full rewrite, amendment to reflect new legislation, updated flowchart, minor amendments, etc.) 1.0 5.12.16 5.12.16 5.12.19 New governance of trust policies template. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 15 of 19

Appendix 1 - The Mental Health Act 1983 Code of Practice (2008) The Mental Health Act 1983 Code of Practice states: 16.10 Hospital managers should ensure that there is an operational policy on the searching of patients detained under the Act, their belongings and surrounding and their visitors. When preparing the policy, hospital managers should consider the position of informal patients The Policy should be based on the following clear principles: 16.11 The intention is to create and maintain a therapeutic environment in which treatment may take place and to ensure the security of the premises and the safety of patients, staff and the public. The authority to conduct a search of a person or their property is controlled by law, and it is important that hospital staff are aware of whether they have legal authority to carry out any such search. Searching should be proportionate to the identified risk and should involve the minimum possible intrusion into the person s privacy and all searches will be undertaken with due regard to and respect for the person s dignity. Please note 1. The Mental Health Act does not provide specific authorisation for the searching of patients and their personal belongings. 2. In the absence of lawful justification, the personal search of a patient or his possessions without his consent would constitute a trespass to the person. 3. The search of a patient (detained or informal) or his possessions would be lawful if such action was required to prevent a crime being committed; see s.3 (1) of criminal Law Act 1967 and the General Note to s.5 of the 1983 Act. This power only applies to a crime, which is actually in progress or is about to be committed. 4. It is doubtful whether lawful authority exists for the searching of a patient (detained or informal) on the ground that he is suspected of possessing stolen goods. 5. There is no lawful authority for the routine or random searching of patients without their consent. 6. The power to search detained patients in circumstances not covered by points (2) and (3) is unclear. It is submitted that a search would be lawful if there were reasonable grounds for suspecting that the patient was in the possession of substances or articles that could be used to harm himself or other people, or was in possession of articles that could assist him in escaping from hospital or was in possession of a controlled drug in contravention of the Misuse of Drugs Act 1971; see 137(2) of the 1983 Act which gives any person required or authorised by the Mental Health Act1983 to have all the powers, authorities, protection and privileges which a constable would have within the area for which he acts as constable. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 16 of 19

Appendix 2 - Personal Search Record Form Guidance note: This form, together with any attachments, is strictly confidential and is required for a number of reasons including injury benefit claims, general safety management and the information of the Trusts insurers and legal advisers in the event of complaints arising or legal proceedings. You and your manager are required to fill it in as comprehensively as possible. Failure to do so could result in action being taken against you. It is a mandatory requirement to report all incidents on the Trust s Incident Report Form and be recorded in patient s notes. Part A and B are to be completed by the lead qualified nurse who carried out the search, as soon as possible after the event: Print Full Name: Designation/Occupation: PART A PATIENT DETAILS: 1. Full name of patient: Surname: Mr/Mrs/Miss (delete as appropriate) 2. Ward/Department/Locality 3. Date of Birth: 4. NHS No: 5. Date and Time of Incident: 6. Location of Incident: 7. Name and designation of immediate supervisor: 8. Date: Forename: PART B INCIDENT REPORT Please answer all of the following questions: Give your reasons for suspicions that led the search being carried out? (eg. another patient has seen patient x with a knife) The nature of the illicit substance? (eg. brown resinous substance, a kitchen knife) 3. Did the patient consent to the search? IF YES: (eg. patient x agreed to a search of his room/bed areas provided he was present) I agree to a search being carried out Patient s Signature ------------------------------------------------------------------ Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 17 of 19

IF NO: give reasons for authorising the search (e.g. patient x has a history of assault, the knife could be used to harm himself or others): What items were found and what happened to them? (eg. penknife found in wardrobe and stored in ward safe). 5. Please confirm that the patient was told what happened to the item that was confiscated. YES/NO IF NO,why not? 6. Please give a factual account of what happened and name staff involved in the search, at each stage (using continuation sheet/sketch plan if necessary). 7. a) State the name of the Consultant Psychiatrist responsible for the patient concerned (print): 7b) was the duty/on-call doctor called? YES/NO time of call: time of arrival of doctor: 7c) if next of kin was informed, please state: name of next of kin: Staff who made contact: 7d) action taken to prevent recurrence: 8. Witnesses (including job title/grade, department): 1. 2. 3. (If possible attach a statement from witnesses) Signature of person who completed Part A and B:.. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 18 of 19

Appendix 3 - Safety Guidelines for Patients and Visitors SAFETY GUIDELINES FOR PATIENTS AND VISITORS Upon admission, staff with the patient in attendance wherever possible will record and document all property brought into the unit. The Trust operates a search policy in this respect a copy of which can be provided to you upon request. In an effort to maintain the safety and well being of everyone here, certain items are not permitted. These include the following: Glass bottles or tin cans Medicines Sharp objects knives, scissors or similar items. Plastic bags Lighters/matches Tools Illicit drugs Alcohol Keys or mobile phones Large amounts of money Any item deemed unsafe by staff Under nursing supervision patients may have access to razors, aerosols, batteries, electrical appliances (such as personal music players) and toiletries. Any of the above items should be handed to the nursing staff for safekeeping. Visitors giving any of the above items to patients and not informing staff may be asked to refrain from visiting. Upon arriving at the unit visitors are requested to lock their handbags, purses, keys, mobile phones, lighters/matches etc in the visitors lockers provided. Searching of In-Patients, Visitors & Rooms (Review December 2019) Page 19 of 19