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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