Department of Health and Social Care
HSSIB recommends that the Department of Health and Social Care urgently reviews the current legal framework and addresses the current legislative gaps in emergency care for people in mental health crisis and clarify the extension of legal powers for health professionals to hold someone in the emergency department. This will safeguard people who are currently arriving at the emergency department in a mental health crisis and the staff who care for them to support safe, consistent and legally compliant care.
Care Quality Commission
HSSIB recommends that the Care Quality Commission works with stakeholders to produce a position statement on existing legal powers, and the expectations for support for staff, for the care of people experiencing a mental health crisis in emergency departments (including mental health emergency departments and mental health crisis assessment services), who are not detained under a formal legal framework. This should include a review of current guidance and existing powers to help support safe, consistent, and legally compliant care in the absence of comprehensive legislation, while minimising harm and addressing the unique challenges of prolonged stays in the emergency department.
We welcome the opportunity to support the resolution needed for the risks and issues this report so clearly exposes for patients and staff. As the report sets out, this is an area of concern that we have reflected in our own reports, highlighting the safety risks that arise when there is an absence of clear legal powers to lawfully prevent vulnerable individuals in mental health crisis from leaving an emergency department whilst awaiting assessment for admission.
To meet the recommendation, and to help address the challenges reported in how CQC implements our regulatory framework in this area, we will work with relevant national stakeholders, as well as a consortium of mental health leads in acute providers, to set out the proportionate and consistent regulatory response to such situations.
This will ensure that our regulation serves to drive best practice and guards against complacency over breaches of statutory timescales, whilst recognising that providers are caught with competing obligations, including the duty to preserve life.
To ensure this is consistent with our remit and purpose, the guidance will take the form of a Brief Guide, which provide guidance to our inspectors and MHA reviewers when undertaking their assessments and reviews with services, but are also published externally for the public, providers and stakeholders to access.
We also welcome the recommendation to DHSC and will continue to offer support to DHSC and others in identifying options to close the gap and consequences of this to patients and staff.
Actions planned to deliver safety recommendation:
- In collaboration with stakeholders, publish a brief guide setting out for CQC inspectors and MHA reviewers the appropriate regulatory response when people are detained in EDs beyond statutory timescales, by March 2027. Resources in place to deliver actions: Existing resources withing Policy and Operations functions. Other dependencies identified: CQC are developing guidance regarding mental health in acute settings which is scheduled for delivery in Q3 2026/27. The brief guide will be a part of that development. Additional comments: This brief guide will also be published externally.
- Provide briefing / training sessions for Hospitals, Secondary and Specialist Care Inspectors, by July 2027. Resources in place to deliver actions: Existing resources withing Policy and Operations functions.
- Contribute to the DHSC review of current legal frameworks, offering insights from CQC activities to inform options to close the legislative gap, by March 2028. Resources in place to deliver actions: Existing resources withing Policy and Operations functions. Other dependencies identified: DHSC. Additional comments: This will be supported through existing stakeholder work on MHA 2025 and MCA reform programmes.
Response received on 22 June 2026.