Statutory guidance

Health Services Safety Investigations Body: Mental Health Investigations Directions 2024

Published 30 January 2024

Applies to England

The Secretary of State for Health and Social Care (the Secretary of State) to provide directions to the Health Services Safety Investigations Body (HSSIB).

These directions are given in exercise of the powers conferred by section 111(2) of the Health and Care Act 2022 (the 2022 Act).

These directions are to be known as the Health Services Safety Investigations Body: Mental Health Investigations Directions 2024 and come into force on 30 January 2024.

Purpose of the directions

In accordance with section 111(2)(b) of the 2022 Act, the Secretary of State directs the HSSIB to conduct investigations into the deaths of patients and/or potential mistreatment of patients during periods of inpatient care in mental health care settings, during transition to or from other health care services, or immediately following the discharge from such inpatient mental health care services.   

This relates to inpatient mental health care services in both the NHS and independent sector in England.  

The HSSIB should consider whether to conduct a single investigation or multiple investigations in order to best cover the relevant qualifying incidents set out above.

Carrying out investigations

The HSSIB should carry out the investigations in accordance with the provisions set out in part 4 of, and related schedules to, the 2022 Act.  This includes, as provided at section 111(5) of the 2022 Act, the HSSIB must publish a statement which reports that it has begun the investigations, containing a brief description of the qualifying incidents and set out the issues that the HSSIB expects to consider in the investigations. The investigations must focus on ascertaining risks to patient safety and any recommendations should focus on addressing these risks with a view to promoting wider system learning in accordance with section 110(2) of the 2022 Act.

The HSSIB are permitted to adapt their focus throughout the investigations to incorporate other complementary pieces of work underway and/or to focus on important related areas in light of evidence uncovered through scoping or the investigations proper. 

Signed by William Vineall, Director NHS Quality, Safety, Investigations

On behalf of the Secretary of State