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Selected topics from 2016
Mental health care institutions
During visits to mental health care institutions, the
NPM has focused on the patient’s right to receive
information about the legal basis for the use-of-force
and a clear justification for the decision to use force,
in addition to the right to appeal the decision. This
is important in order to safeguard patients’ right of
appeal.
In the administrative decision there should be
a clear justification for the use of force. It must
clearly describe how the statutory conditions for
the use of force are met in each case, and a detailed
description shall be provided about attempts to use
milder means.9
Most of the hospitals the NPM visited had a practice
whereby the patients received a schematic administrative decision on the use of force where the legal
basis was stated, but no justification for why the
decision was made. The justification was entered
in the hospital records. In order to get information
about the grounds, the patient had to request access
to the records.
The Parliamentary Ombudsman has, in order
to prevent arbitrary use of force, consistently
recommended that all patients should be routinely
informed, both orally and in writing, about the grounds
for use-of-force decisions. Administrative decisions
and record entries should contain a justification
and detailed information about the grounds for the
use-of-force. They also should contain information
about attempts to use milder means. The patients
should not have to request access to their own patient
records in order to get information about the grounds
for the decision on use-of-force.
Following multiple NPM recommendations related
to the right to information and the use of force, the
Directorate of Health clarified the legislation in a
letter to all the supervisory commissions in Norway
in autumn 2016. The letter highlighted patients’ right
to information about decisions on the use of force,
information about the right of appeal, and access to
informational materials.¹0 The Directorate has also
recently stated that work is under way on a technical
solution that will ensure that the record entry is
always printed together with the decision.
—
The patients should not have to
request access to their own patient
records in order to get information
about the grounds for the decision
on use-of-force.
—
9 The Mental Health Care Act Section 4-8 first paragraph.
10 The letter from the Directorate of Health is published on the Parliamentary Ombudsman’s website:
https://www.sivilombudsmannen.no/aktuelt/helsedirektoratets-oppfolging-av-sivilombudsmannens-besoksrapporter-fra-20152016-article4563-1555.html (in Norwegian only).
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