Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 the staff, but first of all their confidence being one of factors increasing the effectiveness of led influences212. 6.2.3. Protectively-supporting services Every social care centre, independently to the type, provides services for his residents in existential needs, protectively-supporting services. Persuant to § 5(1) (3b) of the Ordinance of the Secretary of Labour & Social Policy from 23 August 2012 among others raising the fitness of residents is falling within the scope of supporting services. General character lets the shown regulation claim that the duty is regarding assisting the fitness of residents both of their intellectual, as well as physical sphere. Applicable regulations safeguard creating the technical back for the accomplishment at the centre of services supporting in physical streamlining, however they forgot about safeguarding the essential personal back. In spite of very good equipping with the rehabilitation equipment, in some of visited centres213, an undermanning of the staff in charge of the rehabilitation of residents was noticeable, as a result of what meeting the needs of all residents requiring physical streamlining or completion of the rehabilitation in the reduced scope was impossible. 6.3. Areas requiring improvement 6.3.1. Legality of stay It was reported, that 45 residents at which only a mental illness was diagnosed without co-occuring intellectual disability, stayed in one of centres214 meant for adults intellectually disabled persons. These persons were referred to the center in 2000-2008 years. It is worthwhile pointing, that pursuant to applicable regulations (Art. 56 and § 2 acts from 12 March 2004 about the welfare215), centres for adult In this respect one should not regard satisfying the reply of the Ministry of Labour & Social Policy Under Secretary from 21 January 2014, in which it was indicated that „according to the Art. of 58 sec. 2 acts on the welfare, social care centre enables and for residents a help in receiving health benefits it being entitled to them pursuant to separate provisions is organising. Social care centres aren’t medical institutions and cannot carry benefits of the health care out, since it isn’t setting them. Residents of social care centres have the same access to health benefits, like other persons”. In the issue of the psychological care it was stated only, that currently in force „provisions on the welfare aren’t putting to social care centres of the duty of employing the psychologist and/or the psychiatrist, even in care centres for persons with psychic disturbances”. 213 Social Care Centre in Gdańsk, Social Care Centre in Przasnysz, Social Care Centre in Susz, Social Care Centre in Warszawa. 214 Social Care Centre in Legnickie Pole. 215 Dz. U. of 2013, item 182. 212 67

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