Healthcare
institutions
Solitary
confinement and
restraint53
Patients' rights
Medical decision
Medical decision
Monitoring and
surveillance
Any decision to use solitary confinement or restraint must be documented in the
patient's file: the institution must be able to provide proof of the fact the measure was
taken as a last resort.
The information collected by the institutions must be consolidated regionally and
nationally, which requires the creation of a coherent and integrated information
system.
The person concerned must be informed the moment a decision to use solitary
confinement or restraint has been made and given written material specifying their
rights and the treatment and support methods brought about by this measure. This
information must also be displayed in the seclusion room.
The means for appealing against the solitary confinement or restraint measure must be
stipulated within each institution and displayed in all seclusion rooms as well as on the
written material notifying rights which is handed out to the patient. They must be
communicated to the trusted person, the parents of a minor or to any relative informed
at the patient's request.
The medical decision to use a solitary confinement or restraint measure can only be
taken after an actual psychiatric medical examination of the person, taking into
account, as far as possible, the opinion of the members of the nursing staff team.
The decision must be justified on the basis of the "suitable, necessary and
proportionate" nature of the measure; information on the patient's clinical condition at
the time of the decision must be clearly presented.
The decision must specify what had previously been tried in vain in order to justify
that it is taken as a last resort.
As soon as the measure has been taken, the health professionals involved in the
treatment of the patient concerned must search, as part of a multidisciplinary
framework, for ways of bringing it to an end as soon as possible.
No decision regarding physical restraint can be taken in anticipation or with the
indication "if needed".
The duration of the physical restraint measure must be as short as possible and should
not exceed the crisis situation; in any case, prolonging the solitary confinement
measure over 24 hours and the restraint measure over 12 hours should not be possible,
without a new, equally justified, decision being made, with the reasons set out as
before.
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These recommendations come from the thematic report entitled "Isolement et contention dans les établissements de santé mentale" (Solitary confinement and restraint in mental health
institutions), Dalloz, 2016.
158
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