Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
There is no secure ward in Izlake RH, either, but a high level supervision ward has been
established. At the time of the visit, there were 20 residents located in this department, and
all were accommodated there by means of a consent given by an authorised person or a
statutory representative. However, owing to the integrated treatment of residents suffering
from dementia, it is actually not a physically separated unit, and residents experiencing
mostly mildly expressed severe dementia symptoms, classified with 4th degree care, are
accommodated in the nursing care ward of the nursing home (A building). Their protection is
provided for in groups with the permanent presence of staff. The protection and treatment of
residents suffering from dementia is conducted on the basis of trust, direction, guidance and
other professional and expert techniques. Residents with dementia who are not trustworthy
in terms of space and time and might pose a risk to themselves, or a group, do not leave the
high level supervision ward of their own free will.
In the light of the observations made, the NPM proposed that Izlake EH 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 the case of residents being
declared as contractual incapable, and proposes the introduction of proceedings under the
ZDZdr. Specifically, when employees after intercepting a resident (in the extreme case,
a receptionist), as a rule, direct such a person back to the department, according to the
Ombudsman’s and the NPM’s position, this is a matter of a secure ward, as these cases
are, in fact, a matter of the deprivation of liberty. In its response report, the nursing home
explained, among other things, that Izlake EH considers dementia as a disease which is why
they maintained the position that residents suffering from dementia are not deprived of their
liberty by their application of the principles of validation and other expert and professional
techniques but they are protected and guided in a human and professional manner.
Considering the fact that an expert team takes part during the admission of a resident
suffering from dementia, and that the admission is carried out exclusively with a consent by
a resident or his/her statutory representative or custodian appointed by a responsible Centre
for Social Work, Izlake EH believes that an assessment made by the court in regard to the
admission of such a resident to the high level supervision ward was not urgently needed.
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
85
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