Approved centres that fail to comply with legislative requirements will be subject to enforcement actions.
The aim of an enforcement action is to address non-compliance and to ensure that all residents of approved centres are provided with safe care and treatment.
Enforcement actions range from requiring a corrective and preventative action plan to removing an approved centre from the register and / or prosecution. The enforcement actions available to the Commission include:
Corrective and Preventative Action Plans (CAPAs)
A plan provided by the approved centre to address non-compliance and put measures in place to prevent recurrence.
Immediate Action Notice
A formal notice directing the Registered Proprietor to take immediate action to address a specific issue.
Regulatory Compliance Meeting
A formal meeting to discuss a serious incident or concern with representatives of the service.
Conditions attached to registration
The Commission may attach or amend conditions to an approved centre’s registration under section 64(6) of the Mental Health Act 2001. These conditions vary but could, for example, be that the approved centre carries out building works, limits admissions, or provides regular updates on work to address non-compliance to the Commission.
Removal from the Register
The Commission may remove an approved centre from the register for reasons set out in section 64(5)(b) of the Mental Health Act 2001.
The Mental Health Act 2001 sets out several offences relating to approved centres which the Commission may decide to prosecute.