Lawfulness of ward with no RMN on shift

Can anyone advise what are the possible legal consequences of a Trust consistently running mental health hospital wards without a registered mental health nurse on shift? i.e. only general nurse present.

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The hospital could face investigation from CQC for a potential failure to comply with:Regulation 12
Especially 12 (2)(c):

  • Only relevant regulated professionals with the appropriate qualifications must plan and prescribe care and treatment, including medicines. Only relevant regulated professionals or suitably skilled and competent staff must deliver care and treatment.
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2 posts were split to a new topic: Risks of whistleblowing

I’d be worried about what they would do in the event of an informal patient requesting leave if their mental state suggested imminent harm? General nurses cannot use 5.4 so what would the plan be in this instance? Presumably they would have the ask the patient to stay until a Dr could assess them but what if the patient refused or of the doctor is ages away? Do they have access to a RMN immediately for example on a ward next door?

Yes, that is a very good question. I believe that independent advocates should visit wards much more regularly and ask under what authority every/any patients’ movements are being curtailed but obviously that has a cost. I would sincerely hope that a qualified RMN would be easily available on site.