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A review of legal frameworks for physically restraining and administering intramuscular medications for rapid tranquillisation to a person detained under Section 136 of the Mental Health Act 1983

Published online by Cambridge University Press:  04 September 2014

Chetan Bangra Kuloor ,
Faisil Sethi ,
Andrew Parsons ,
Aileen O’Brien ,
Caroline Sweeney ,
Robert Lepper  and
Andy Johnston
Chetan Bangra Kuloor*
Affiliation:
Locum Consultant Psychiatrist, Oxleas NHS Foundation Trust
Faisil Sethi
Affiliation:
Consultant Psychiatrist in Psychiatric Intensive Care, South London and Maudsley NHS Foundation Trust
Andrew Parsons
Affiliation:
Partner, RadcliffesLeBrasseur, Mental Health Law, London, UK
Aileen O’Brien
Affiliation:
Consultant Psychiatrist in Psychiatric Intensive Care, South West London and St George’s Mental Health NHS Trust
Caroline Sweeney
Affiliation:
Clinical Services Lead, South London and Maudsley NHS Foundation Trust
Robert Lepper
Affiliation:
Mental Health Act Advisor, South London and Maudsley NHS Foundation Trust
Andy Johnston
Affiliation:
Clinical Director for Forensic Services, Northumberland, Tyne and Wear NHS Foundation Trust
*
Correspondence to: Dr Chetan B Kuloor, Locum Consultant Psychiatrist, Bromley Short-term Intervention Team, Stepping Stones, 38 Masons Hill, Bromley BR2 9JG, UK. E-mail: [email protected]
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Abstract

Section 136 of the Mental Health Act 1983 is routinely used by the police to remove a person thought to be suffering from a mental disorder, from a place to which the public have access, to a place of safety. Persons detained under Section 136 of the Mental Health Act 1983 routinely spend significant amounts of time in a place of safety whilst awaiting a mental health assessment. During that time it is feasible that the patient will require intramuscular medications for rapid tranquillisation, often with the use of physical restraint. However, Section 136 of the Mental Health Act 1983 does not grant the power to treat a person against their will and there is a lack of clarity on the most appropriate legal framework for physically restraining and administering intramuscular medications for rapid tranquillisation to a person detained under Section 136 of the Mental Health Act 1983. In this article, we attempt to explore the various legal frameworks available and identify the one most appropriate for this purpose.

Keywords

Section 136Mental Health Act 1983physical restraintintramuscular medicationlegal framework
Type
Review Articles
Information
Journal of Psychiatric Intensive Care , Volume 11 , Issue 2 , August 2015 , pp. 95 - 104
Copyright
© NAPICU 2014 

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