–5–
10.
Use of means of restraint vis-à-vis voluntary patients
In case the application of means of restraint to a voluntary patient is deemed necessary and
the patient disagrees, the legal status of the patient should be reviewed.
11.
Recording and reporting of instances of means of restraint
11.1.
Experience has shown that detailed and accurate recording of instances of restraint can
provide hospital management with an oversight of the extent of their occurrence and enable
measures to be taken, where appropriate, to reduce their incidence. To this end, a specific
register should be established to record all instances of recourse to means of restraint
(including chemical restraint). This should supplement the records contained within the
patient’s personal medical file. The entries in the register should include the time at which
the measure began and ended; the circumstances of the case; the reasons for resorting to
the measure; the name of the doctor who ordered or approved it; and an account of any
injuries sustained by patients or staff. Patients should be entitled to attach comments to the
register, and should be informed of this entitlement; at their request, they should receive a
copy of the full entry.
11.2.
The frequency and duration of instances of restraint should be reported on a regular basis
to a supervisory authority and/or a designated outside monitoring body (e.g. health-care
inspectorate). This will facilitate a national or regional overview of existing restraint
practices, with a view to implementing a strategy of limiting the frequency and duration of
the use of means of restraint.
12.
Complaints procedures
Effective complaints procedures are basic safeguards against ill-treatment in all psychiatric
establishments. Psychiatric patients (as well as their family members or legal
representatives) should have avenues of complaint open to them within the establishments’
administrative system and should be entitled to address complaints – on a confidential
basis – to an independent outside body. Complaints procedures should be simple, effective
and user-friendly, particularly regarding the language used. Patients should be entitled to
seek legal advice about complaints and to benefit from free legal assistance when the
interests of justice so require.