residents should be aware of the option of having
a late evening meal.
one facility, it was reported that consent was
requested orally every day before the measure
was applied, although this was not documented.
2.2.9 – Further training courses
One facility used a form for obtaining consent
that included the notice that a witness’s
signature was required for residents who were
capable of giving consent but incapable of
providing a signature – and that the witness
should be a permanent employee. Such a
requirement gives the impression that the
person concerned is not free to choose who acts
as their trusted person in such matters. This
entails the risk that the person concerned may
feel under pressure, and that their right of selfdetermination could be violated.
On several occasions, certificates relating to
further training for employees showed that a
time slot of only 20 minutes was provided for
topics such as “deprivation of liberty”,
“emergency call training” or “fall management –
best practice”.
Further training should be designed to
promote professional standards of care and
support. A reasonable amount of time should
therefore be available for training.
In several facilities, the opinion was expressed
that lowerable beds offer a viable alternative to
other measures involving deprivation of liberty.
However, if persons are unable to stand up
independently from a lowerable bed once it has
been lowered, this may constitute a measure
involving deprivation of liberty. This would
therefore require the consent of the person
concerned, or a court permit.
2.2.10 – Deprivation of liberty
Consent
In the case of several residents, measures
involving deprivation of liberty (such as bed rails)
were taken at the resident’s own request.
However, various shortcomings were identified
in connection with the consent required for such
measures:
The installation of bed rails or the lowering of a
lowerable bed may constitute a measure
involving deprivation of liberty within the
meaning of section 1906 (4) of the German Civil
Code [Bürgerliches Gesetzbuch, BGB]. In
principle, it is possible for the persons concerned
to consent to such measures. However, this
requires that the persons concerned are capable
of giving consent in a specific decision-making
situation, that their consent was recent, and that
they have been informed about alternatives as
well as the possibility of revoking their consent.
This should be documented in a transparent
manner. Furthermore, persons who have given
such consent should be asked at regular intervals
(e.g. every three months) whether their
declaration still applies. The response should be
documented, dated and signed by the resident to
confirm the validity of the declaration.
In some cases, the consent had been given in
writing several years previously, yet the facilities
had not subsequently acquired renewed consent
at regular intervals. In other cases, the facility
could not find evidence of acquired consent at
the time of the visit. In numerous cases,
documentation on consent was incomplete. For
example, facilities had not always informed
residents of the possibility to revoke consent at
any time, or what alternative measures were
available – or at least any such steps had not been
documented. In one case, details such as the
resident’s living area and room number were not
recorded, which could lead to the incorrect
application of a measure involving deprivation of
liberty if two residents within the same facility
had the same name. Consent was also found to
measures involving deprivation of liberty that
were no longer being applied. No dated and
signed notice of cancellation was available. In
Absence of judicial authorisation
In one facility, it was found that the placement
order for one resident had already expired a
week prior to the visit. However, the person
remained in a living area where the exit door was
locked and could only be opened by employees.
In another facility, it was found that bed rails
Services] (ed.): “Expertenstandard Ernährungsmanagement zur
Sicherung und Förderung der oralen Ernährung in der Pflege”, 1st
update 2017; Deutsche Gesellschaft für Ernährung e.V. [German
Nutrition Society]: “DGE-Qualitätsstandard für die
Verpflegung in stationären Senioreneinrichtungen,” 3rd edition,
2015
41
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