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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2017
ECT administered on grounds of necessity entails
a high risk of inhuman or degrading treatment
Findings made during the NPM’s visits in 2017 have
shown that ECT administered on grounds of necessity
is a very invasive form of treatment. The Ombudsman
has identified cases where mental health professionals
have found that patients have suffered serious cognitive side effects following ECT, and where the patients
cannot remember having had the treatment. One clear
finding was that patients who had undergone ECT on
grounds of necessity are also subject to other invasive
coercive measures during their treatment, such as the
use of a restraint bed for the administration of ECT.
The NPM also found cases where the use of force
had escalated following a course of ECT on grounds
of necessity. The overall scope of the use of force in
connection with the administration of ECT on grounds
of necessity leads to a high risk of patients being
subject to inhuman and degrading treatment.
administration had not been considered sufficient to
avert the risk to the patient’s life and health. In one
case, an ECT treatment based on grounds of necessity
was postponed because the patient had eaten and
ECT must be administered on an empty stomach. In
another case, the documentation stated that there
was a high risk of the patient developing pneumonia,
without any explanation of why ECT was considered
a suitable measure for averting this risk.
Problematic aspects of necessity assessments
Problematic findings were made at several of the hospitals visited by the NPM, in relation to the documented
assessments of whether grounds of necessity applied.
In several cases, ECT had been administered on
grounds of necessity although it was unclear whether
and why the strict conditions that apply were met. The
cases concerned patients with serious conditions,
e.g. described as suffering from severe catatonia12
or experiencing serious side effects of neuroleptics.
However, in a number of cases it was not made clear
that there was an acute risk to the patient’s health that
could not be averted by other means. In several cases,
it was not documented whether lawful treatment
measures had been attempted or considered first.
Where ECT had been administered on grounds of
necessity because of e.g. the serious side effects
of medication or low nutritional intake, there was no
explanation of why intravenous fluid and nutrition
The principle of necessity does not confer legal
authority for a course of compulsory treatment
In most cases, ECT administered on grounds of
necessity was repeated over several days or weeks.
One patient underwent 12 ECT treatments over a
period of a month. The apparent grounds for this was
that there an ongoing acute risk throughout the period
the treatment was administered. The information in
the patient record indicated, however, that the patient’s
condition was not acute during the whole period. In
another case, a decision was made to administer
a course of ECT therapy on grounds of necessity
because the patient had recently interrupted ECT
on grounds of necessity after four treatments, which
resulted in a deterioration in the patient’s health.
The current practice of administering ECT on grounds
of necessity without clear regulation in law also creates
a risk of misunderstandings arising with respect to
the legislation. The NPM found examples of health
professionals who had initiated a course of ECT on
the grounds of necessity asking the patient’s next of
kin for consent to the treatment. Next of kin cannot
consent to health care on behalf of a patient, including
on grounds of necessity.
12 Catatonia is a state of motor immobility, in which people maintain rigid and unnatural poses, often for hours at a time. Some of
them can seem completely withdrawn and communicate very little or not at all. This condition can lead to insufficient fluid and
nutrition intake (Malt, Andreassen, Melle and Årsland, Lærebok i psykiatri 2012, Gyldendal Norsk Forlag AS).
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