Abstract
The Mental Health Units (Use of Force) Act 2018 is due to come into force, with the aim of increasing the management and oversight of the use of force in mental health hospitals. It does not, however, provide any powers for staff to lawfully restrain patients. Nursing staff must rely on a miscellany of legal provisions and authorities to justify the physical restraint of patients. This article sets out the circumstances when mental health nurses may lawfully use physical restraint on patients, with reference to domestic and European legislation and case law.
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