Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
The high level supervision ward of the Predvor RH is located in the old building (Turn castle)
in the first floor, where there are nine rooms. At the time of the visit, the said ward was fully
occupied (31 beds). There is no secure ward in this retirement home either, but a high level
supervision ward has been established. A partially integrated model of the nursing home
arrangement has been organised in Predvor RH. Residents are accommodated in a ward,
and they occasionally or temporarily take part in the nursing home’s activities, together with
other residents. There is no physical protection of the ward. In fact, the nursing home is
enclosed, and passage is possible past a receptionist at the main driveway to the facility, or
at the other side, if a receptionist opens these doors. The protection of residents is provided
for by the constant presence of the staff and by means of a personal relationship founded on
trust, guidance and leadership. The NPM was, however, slightly surprised with the statement
in the Programme of care for persons suffering from dementia in Predvor Retirement Home
(the programme), stating that rooms are mostly open. It was proposed that the programme
be modified so as to clearly state that rooms of residents are always opened (unlocked),
and that, in cases, where the need arises to lock the rooms (of individual residents or an
entire ward) at the time when residents are not present in their rooms, conditions for locking
up rooms be written down, the person endorsing such policy as well persons who must be
notified on the locking up of rooms be defined and where the note on the fact that rooms have
been locked up be recorded. At the same time, if rooms were locked up at the time when
residents are staying in rooms, the conditions and the method as stipulated by Article 29 of
the Mental Health Act should be taken into account by the nursing home. At the same time,
other requirements referred to in the above mentioned Article, both in regard to notification
and keeping registers, should also be taken into account. In its response report, the nursing
home explained, among other things, that rooms are usually open when their residents do
not stay in rooms. This means that doors are never closed, and, especially, never locked.
In the light of the observations made, the NPM proposed that Preddvor RH should immediately
inform the court about residents who refuse or are not able to provide their consent (which is
an expression of their free will) for their admission to the high level supervision ward, or such
consent is not given by statutory representatives in cases of residents being declared as
contractually incapable, and proposes the introduction of the proceedings under the ZDZdr.
It was stated by the nursing home in its response report that a written consent given by
all residents at the ward in question has been provided, either by residents themselves,
custodians for special cases or authorised persons (authorised by residents themselves). It
was also stated by the nursing home that in cases when no suitable consents for a residence
in the high level supervision ward were submitted, the court would be notified accordingly.
On the basis of the response report, the NPM again proposed the nursing home should
obtain a written consent by residents for their residence in the high level supervision ward,
if, being aware of what is being signed, these are capable of giving such a consent. In the
opposite case, the court should be notified on their accommodation and residence of those
persons in this ward (if it is a matter of persons who cannot leave this ward of their free will).
At the time of the visit to Rakičan EH, there were 19 residents categorised with 4th degree
care. There is no secure ward in this home for the elderly, but an integrated model of
institutionalized treatment of persons suffering from dementia has been established there.
Thus, residents whose dementia symptoms are more severe reside in the ward for dementia
sufferers. This ward was named Lastovka (Swallow in English translation) by the institution.
At the time of the visit, reconstruction and adaptation works were taking place in the main
unit. A part of the reconstruction also included a ward intended for the residence of persons
suffering from dementia. In this manner, a contemporary approach to the treatment of
persons suffering from dementia will be introduced. The ward will house 23 residents.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
87
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