Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011 b) Direct coercive measures Conversations with staff members in Gołuszyce and in Zakrzew revealed that they lacked knowledge of the provisions on the application of direct coercive measures. Despite the fact that during the last two years there was no need to apply such measures, in the opinion of the visiting team a proper training in this area is necessary. In result of the above-mentioned discoveries, the Directors of both SCCs were informed about the entitlements of the staff to apply direct coercive measures, such as holding a resident down, administering medication by force, immobilisation and isolation. They were also informed and about the need to properly document all such cases. The directors were also informed about the legal acts regulating the said area, i.e. the Act of 19 August 1994 on the protection of mental health217, and the Ordinance of the Minister of Health and Social Welfare of 23 August 1995 on the method of applying direct coercive measures218. In their responses to the NPM’s reports, the directors noted that proper training had been conducted by psychiatrists. It was also noted that the establishment in Gołuszyce lacked an isolation room. The director argued that during the whole period of the establishment’s operation there was no need to apply the coercive measure in form of isolation. According to the Mechanism, having such room is necessary not only due to the need to adjust the facility to the requirements stipulated in the Ordinance of the Minister of Health and Social Welfare of 13 August 1995 on the method of applying direct coercive measures219, but also due to the fact that it cannot be ruled out that such room would be needed in the future. It was also pointed out that members of the staff should be trained in the said area. In response to the Report, the director informed that actions aimed at designating an isolation room were undertaken. The National Preventive Mechanism recommended: • To train the staff of the centres in the application of direct coercion, in compliance with the Act of 19 August 1994 on the protection of mental health220 and with the Ordinance of the Minister of Health and Social Welfare of 13 August 1995 on the method of applying direct coercive measures221; • To designate an isolation room, in compliance with the requirements defined in the Ordinance of the Minister of Health and Social Welfare of 23 August 1995 on the method of applying direct coercive measures222.  Dz. U. of 2011, No 231, item 1375, as amended.  Dz. U. of 1995 r. No 103 item 514 – Ordinance repealed on 12.02.2012.  Ibidem. 220  Dz. U. of 2011, No 231, item 1375, as amended. 221  Dz. U. of 1995, No 103, item 514 – Ordinance repealed on 12.02.2012. 222  Ibidem. 217 218 219 124