Wales activates NHS nuisance offence from 16 Jan 2026
From 16 January 2026, Wales will activate the remaining parts of the Criminal Justice and Immigration Act 2008 covering behaviour on Welsh NHS premises. In plain terms, causing a nuisance or disturbance to an NHS staff member while on site, and then refusing to leave when asked, can be a criminal offence. Police and authorised NHS staff will also have powers to remove people in specific circumstances. This is set out on legislation.gov.uk.
Here’s how the offence works. The law says three things must happen together: you are on NHS premises; without reasonable excuse you cause a nuisance or disturbance to an NHS staff member who is working or there because of their work; and you then refuse, again without reasonable excuse, to leave when asked by a constable or an NHS staff member. If convicted, the penalty is a fine at level 3 on the standard scale.
Examples help us judge where the line sits. A visitor who shouts abuse at a nurse and blocks a treatment room door after being asked to wait could commit the offence if they then refuse to leave. By contrast, a relative who briefly raises their voice after receiving upsetting news may have a reasonable excuse, especially if they calm down and step outside when asked. These illustrations mirror the Explanatory Notes published on legislation.gov.uk.
Who can ask you to leave, and who can remove you? A police constable can remove someone reasonably suspected of the offence. Health boards and NHS trusts can authorise a trained officer to do the same, and that officer can authorise an appropriate staff member to carry out the removal. Any removal may use only reasonable force, and only if necessary. There are safeguards: an authorised officer must not remove someone if they believe the person needs medical advice, treatment or care, or if removal would endanger that person’s physical or mental health.
What does reasonable force mean for you and for staff? The 2008 Act allows Welsh Ministers to issue guidance on procedures before using the power, the degree of force that may be appropriate in particular circumstances, how to make people on site aware of the rules, and record‑keeping. Relevant NHS bodies and authorised officers must have regard to that guidance when exercising removal powers. In short, training, signage and documentation should follow a published Welsh standard.
Where does this apply? Welsh NHS premises include a hospital managed by a Welsh NHS body, buildings or vehicles associated with that hospital and situated on its grounds, and the hospital grounds themselves. That means entrances, corridors, car parks and hospital transport (including an air ambulance) are in scope, not just clinical rooms.
Patients’ safety comes first. If you are on site to obtain medical advice, treatment or care for yourself, you are outside the scope of the offence. That protection ends once you have received that care, and it does not apply if you were refused care in the previous eight hours. The power is aimed at disruptive behaviour after a clear request to leave, not at people genuinely seeking help.
Why now? Wales began the roll‑out on 11 April 2025 by bringing into force the definitions and guidance powers needed to prepare national guidance. The new Order completes the job by switching on the offence and the practical power to remove from 16 January 2026 for Welsh NHS premises.
Picture a ward at the end of visiting hours. If a visitor refuses to leave, is rude to staff and blocks a corridor after being asked to move, authorised staff may try de‑escalation, then ask the person to leave. If the person refuses, removal can follow with the minimum force necessary and attention to safeguarding. If the visitor leaves when asked, no offence is committed because the refusal element is missing.
If you’re caught up in a disagreement on site, say clearly if you need urgent medical help and ask for a clinical assessment. If you feel the powers were used unfairly, you can raise a concern with the health board afterwards. The offence targets behaviour that disrupts staff in their work; it does not stop you asking questions or making a complaint calmly.
A final bit of context. Similar powers have operated in England since 2009, and the guidance duty has been in place there for years. Wales is aligning the tools used to protect staff and keep services running, while building in checks through published guidance and health safeguards.