If someone needs to be chemically restrained via RT in an emergency to prevent them from seriously harming self/others whilst they are under a section of the MHA and s58 applies (i.e. 3 month point) does the RT need to be authorised under T3 or s62 pending T3 authorisation? 20190829_BG040_briefguide-rapid_tranquilisation_parentaral_adult.pdf
If it wasn’t authorised under T3 and there was not enough time to call the RC for verbal authorisation under s62 - under what authority would staff be acting under? Common law Powers of restraint | Weightmans pending appropriate s62/T3 authorisation?
Jones 28th ed, p970, A-001 makes reference to Munjaz, quoting from that case ‘There is a general [common law] power to take such steps as are reasonably necessary and proportionate to protect others from the immediate risk of significant harm. This applies whether or not the patient lacks the capacity to make decisions for himself’.
He then goes on to say ‘It is submitted that this power extends to the use of sedation on a person in an emergency if the sedation is used to restrain that person from causing harm to others’.
Not an answer, but perhaps a contribution to the discussion?
Hi - Yes RT falls squarely under MHA s62 in the circumstances you describe. Of course the AC in charge can authorise by ‘phone etc, but I guess (personal view) that in any gap it is as Helen says. Perhaps best thing is to anticipate possible need for RT in any SOAD authorisation request to cover the 3 month ending (although such advice is of the “I wouldn’t start from here” type to a request for directions).