Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
d) Right to health care
In the visited establishments residents were provided with proper level of medical care.
Physicians and nurses were employed in both establishments. Specialist consultations were
conducted outside the premises, and were financed from the National Health Fund. Residents were provided with constant psychiatric and psychological care and with rehabilitation services.
The inspection of physician’s room did not reveal any irregularities. It was noted that
these are well equipped and ensure a proper level of intimacy necessary when performing
a medical examination or some other treatment.
e) Right to complain
As far as this area is concerned, the visiting team reported that almost nothing has
changed since the 2010 visit. Even though in both of the visited Centres books of complaints were kept, the practice to make entries in them was abandoned in 2007 (Gołuszyce)
and in 2009 (Zakrzew). The alleged reason for doing so was the insignificance of entries
and the prompt reaction to complaints. In the opinion of the NPM, reintroducing the good
practice of making entries in the book should be viewed as justified, as providing a possibility to objectively assess their reviewing and handling. It should also be noted that the
Ordinance of the Minister of Labour and Social Policy of 19 October 2005 on social care
centres225 stipulates in § 5(1) that establishments are required to provide assisting services,
which consist in efficient lodging of complaints and requests by the residents.
The director of the SCC in Zakrzew announced that he talked with the residents about
the issue and that he began to draft a procedure for reviewing and accepting complaints
and requests. The residents of the Centre in Zakrzew were reminded about the possibility
to lodge complaints and requets pursuant to applicable instructions. Also, a meeting was
organised during which the director reminded staff members responsible for registering
complaints and requests about the residents’ Regulations and about applicable internal
procedures.
The National Preventive Mechanism recommended to:
• Introduce a practice of registering each complaint and request submitted by the
SCC’s residents in the book of complaints.
f) Admitting residents without their consent
Pursuant to Article 39 in conjunction with Article 38 of the Act of 19 August 1994 on
the protection of mental health226, if a person is unable to provide for his/her basic needs
due to a mental illness or mental retardation, and such person cannot rely on help of others
Dz.U. of 2005 No 217, item 1837.
Dz. U. of 2011, No 231, item 1375, as amended.
225
226
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