We have been advised that a new process and form for removing patients under the violent patients regulation have been put in place, as attached.
This new NHS England process is ultra vires and therefore unacceptable. The requirement under the contractual regulations are simply to notify the incident to the police and to notify NHS England by any means, subsequently confirmed in writing within seven days. We have also attached the relevant regulations with the key points highlighted. NHS England must remove with immediate effect when a practice notifies it in accordance with the regulations. There is no requirement to follow the unilateral process that NHS England is attempting to impose and it’s disappointing this has happened without consulting with LMCs.
Finally the decision as to whether it is appropriate to remove a patient under this scheme is a matter for the practice, not for the violent patient service provider. If the patient has been properly removed due to having committed an act of violence or acted in a way to make persons fear for their safety, then the service must not discharge the patient back for routine registration. There is a duty of care on the service provider and the commissioners here in respect of safeguarding others.
This email is being copied to the three Birmingham CCGs and NHS England, with whom I would be happy to meet in order to discuss producing a simple process which does not breach the regulations.
Click here to download the document "Removals from the list of patients who are violent".
Click here to download the document "Zero Tolerance Incident Form (May 2016)".
Click here to download the document "ZT Process - GP Practices (Birmingham)".
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