Wales brings in NHS nuisance offence on 16 Jan 2026
From 16 January 2026, Wales will switch on a long‑planned criminal offence for people who cause a nuisance or disturbance on NHS hospital sites, alongside new powers to remove them. Welsh Ministers have signed the order so these provisions apply to Welsh NHS premises from that date, according to legislation.gov.uk.
Here’s the simple version of the law. A person commits an offence if they, without reasonable excuse, cause a nuisance or disturbance to an NHS staff member while on NHS premises, then refuse to leave when asked by a constable or an NHS staff member, and they are not there to get care for themselves. The maximum penalty is a level 3 fine in the magistrates’ court (currently up to £1,000). These points come straight from sections 119 and 121 of the Criminal Justice and Immigration Act 2008 and Sentencing Council guidance.
Where does this apply? In law, “Welsh NHS premises” means hospitals in Wales, the hospital grounds (such as entrances and car parks), and any building or vehicle on those grounds associated with the hospital. The definition is set out on legislation.gov.uk.
Who can remove someone? If a constable or an authorised NHS officer reasonably suspects the offence, they may remove that person from the premises. Reasonable force can be used if needed. There are clear limits: an authorised officer must not remove someone if they believe the person needs medical advice, treatment or care, or if removal would endanger the person’s physical or mental health. These safeguards are written into section 120.
Guidance matters here. The Act allows Welsh Ministers to publish guidance for health boards about authorising staff, training, record‑keeping and how to judge when removal is justified. NHS bodies and authorised officers must have regard to that guidance when using these powers. Wales began the guidance step earlier in 2025 so services could prepare.
What this means if you’re a patient or carer: this law is aimed at disruptive behaviour, not at people seeking treatment. If you still need care, you are not the target of the offence, and staff should not remove you where that would risk your health. Courts will consider the facts if “reasonable excuse” is claimed.
What this means if you work in the NHS: expect clear local policies about who is authorised, when removal is appropriate, and how incidents are recorded. Training is part of what national guidance can cover, and staff using the power must follow that guidance.
What this means for schools and youth groups: school sites are not covered by this offence. But if your class visits a hospital, all hospital‑site rules apply-including entrances, car parks and hospital‑based learning areas. Build this into risk assessments and visit briefings.
How England compares: similar powers have been in place on English NHS premises since 2009. Wales is aligning with that position from January 2026, after years of calls for a consistent approach.
What you’ll notice on site: hospitals may display signs explaining the offence and removal powers; guidance can also cover how information is shared with visitors and how records are kept. If you’re asked to leave, stepping beyond the hospital boundary usually resolves the immediate issue.
Why this change has come now: campaigners and practitioners have argued that Wales needed a specific tool to tackle persistent disruption on hospital sites; a completed Senedd petition highlighted the gap before 2025. The new commencement order closes that gap.
Key date to remember: the offence and removal powers take effect on Welsh NHS premises from 16 January 2026. Plan training, signage and visit protocols now so patients, staff and visitors all know where they stand.