PFD report

Mollie Rose Stansfield · Prevention of Future Deaths report

Pin Get email alerts Request correction

Issued 19 Dec 2022•East Riding and Hull

Report record

Published report and response evidence

This page connects the concerns raised in this report with statements found in recipients’ published responses. A link shows a clear evidence connection; it does not assign responsibility.

View original report
Concerns
2

Raised in this report

Recipients
7

Named on the report

Responses found
2

Of 7 recipients

Stated actions
5

Described in responses

Source document

Full report text

This is the full text from the original published report.

Open published report

Concerns and recipient responses

Select any concern, action or position to view the source wording.

Report evidence summary

Concerns raised2

  1. Failure to understand the implementation, significance and effect of Section 5(2) doctors holding power
    Part of recurring concern: Unreliable Mental Health Act detention arrangementsPart of recurring concern: Unreliable use of Mental Health Act holding powers
  2. Failure to properly complete Section 5(2) Mental Health Act paperwork
    Part of recurring concern: Unreliable use of Mental Health Act holding powers
Responses linked to these concerns

Each statement is shown once, even when linked to more than one concern.

Actions described in response An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.2

  1. Action

    Raise the Mental Health Order’s patient-detention powers with HSC Trust chief executives and relevant professional bodies.

    Stated by Department of Health and Social CareStated in progressThe respondent said that this action was in progress when they made their response on 4 January 2023.
  2. Action

    Run a pilot enabling SAS doctors to gain Section 5(2) competence through the portfolio route.

    Stated by NHS EnglandStated in progressThe respondent said that this action was in progress when they made their response on 4 January 2023.

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Failure to understand the implementation, significance and effect of Section 5(2) doctors holding power

Wider context from the report

“There was a failure at Hull Royal Infirmary to understand the process of implementing Section 5(2) of the Mental Health act 1983 [MHA] (Doctors Holding Power) as well as general uncertainty about its significance and effect. Mollie absconded from the ward whilst apparently under this section. The paperwork for the implementation of this section of the MHA 1983 was in fact not properly completed and hence invalid. Whilst the Hull & East Yorkshire NHS Trust has taken steps to educate doctors about this power, these were only local measures and I believe that all doctors working in England and Wales should be aware of section 5(2) and nurses of their equivalent power pursuant to section 5(4) of the MHA 1983 and that appropriate awareness and training should be given. ”

Is this part of a recurring concern?

Yes — Unreliable Mental Health Act detention arrangements; Unreliable use of Mental Health Act holding powers.

Open source report

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Failure to properly complete Section 5(2) Mental Health Act paperwork

Wider context from the report

“There was a failure at Hull Royal Infirmary to understand the process of implementing Section 5(2) of the Mental Health act 1983 [MHA] (Doctors Holding Power) as well as general uncertainty about its significance and effect. Mollie absconded from the ward whilst apparently under this section. The paperwork for the implementation of this section of the MHA 1983 was in fact not properly completed and hence invalid. Whilst the Hull & East Yorkshire NHS Trust has taken steps to educate doctors about this power, these were only local measures and I believe that all doctors working in England and Wales should be aware of section 5(2) and nurses of their equivalent power pursuant to section 5(4) of the MHA 1983 and that appropriate awareness and training should be given. ”

Is this part of a recurring concern?

Yes — Unreliable use of Mental Health Act holding powers.

Open source report

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Raise the Mental Health Order’s patient-detention powers with HSC Trust chief executives and relevant professional bodies.

Verbatim wording from the response

“Having considered the findings of the report, I agree with the importance of ensuring that Health and Social Care Trusts and relevant health practitioners here should be reminded of the powers under the Mental Health Order for the detention of patients. I am therefore taking steps to raise this issue with HSC Trust Chief Executives and relevant professional bodies, in order to ensure that the appropriate action is taken to address this point.”

Source location

Response from Department of Health
Page 1 · response
Published 4 January 2023

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Run a pilot enabling SAS doctors to gain Section 5(2) competence through the portfolio route.

Verbatim wording from the response

“In order to enable additional further capacity, HEE is also currently undertaking a pilot to allow Specialty and Associate Specialist (SAS) doctors to gain competence via the same portfolio route as non-medical staff. SAS doctors are employed in the NHS in a non-training post and will have at least seven years’ experience of working in psychiatry, four of which at a senior level.”

Source location

Response from NHS England
Page 2 · response
Published 4 January 2023

Open published response

Other statements in published responses

These actions and other statements could not be clearly connected to one concern in this report.

Recipient-stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.3

  1. 1

    Discuss all Regulation 28 reports through the national working group and share preventable-death learning across NHS national and regional services.

    Stated by NHS EnglandStated completedThe respondent said that this action was complete when they made their response on 4 January 2023.
  2. 2

    Develop a clear Section 5(4) training offer for prescribed-class nurses with the Department of Health and Social Care as the Mental Health Act is revised.

    Stated by NHS EnglandStated in progressThe respondent said that this action was in progress when they made their response on 4 January 2023.
  3. 3

    Provide Section 5(2) learning modules and salary support to expand non-medical staff capacity and prepare candidates for approval.

    Stated by NHS EnglandStated completedThe respondent said that this action was complete when they made their response on 4 January 2023.

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Discuss all Regulation 28 reports through the national working group and share preventable-death learning across NHS national and regional services.

Verbatim wording from the response

“I would also like to provide further assurances on national NHSE work taking place around the Reports to Prevent Future Deaths. All reports received are discussed by the Regulation 28 Working Group, comprising Regional Medical Directors, and other clinical and quality colleagues from across the regions. This ensures that key learnings and insights around preventable deaths are shared across the NHS at both a national and regional level and helps us pay close attention to any emerging trends that may require further review and action.”

Source location

Response from NHS England
Page 3 · response
Published 4 January 2023

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Develop a clear Section 5(4) training offer for prescribed-class nurses with the Department of Health and Social Care as the Mental Health Act is revised.

Verbatim wording from the response

“The use of Section 5(4) of the MHA 1983 is limited to specific nurses, referred to in the act as nurses of the ‘Prescribed Class’ which means mental health and learning disability nurses only. ‘Prescribed Class’ nurses must undergo pre-registration training in field-specific content in relation to the law, which will include these holding powers. HEE are also currently working with the Department of Health and Social Care as part of plans being developed to ensure that, as the current MHA is refreshed and revised, there is a clear training offer for these nurses to ensure that they are clear about their responsibilities in relation to section 5(4), as for other sections under the MHA.”

Source location

Response from NHS England
Page 2 · response
Published 4 January 2023

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Provide Section 5(2) learning modules and salary support to expand non-medical staff capacity and prepare candidates for approval.

Verbatim wording from the response

“To provide further capacity and enhance patient experience, HEE provides learning opportunities for non-medical staff permitted to implement Section 5(2) of the MHA i.e. nurses (mental health or learning disabilities branches only), clinical psychologists, social workers, and occupational therapists. This learning is in the form of access to Higher Education Institute provided Mental Health law modules and employers are provided with 18-24 months’ part-time salary support to enable the employee’s release to gain the experiential learning that they must compile into a mandatory portfolio of evidence that will be presented to an approvals panel, before they are allowed to exercise the power of section 5(2).”

Source location

Response from NHS England
Page 2 · response
Published 4 January 2023

Open published response
Back to top

Information checked against the published report and official responses · Data reviewed 7 Sep 2026 · About data quality and limitations

Official responses located
2/7

Data last updated 7 September 2026