National Preventive Mechanism
requested by the attending care staff – neither authorised nor entitled to assist
in restraining patients.
The Supreme Court also recognised in a further decision that physical activities,
such as holding on to patients to prevent them from leaving the ward, may
not be performed by security personnel.
The involvement and participation of security services in care activities is
therefore impermissible and must be avoided in all cases. The term “care
activity” must be broadly interpreted, which is evident from the fact that
pursuant to the jurisdiction of the Supreme Court, holding on to a patient is
legally impermissible.
The commissions observed, however, that security services are deployed for the
purposes of care.
The observations of Commission 5 show that in hospitals in Lower Austria
employees from the house fire brigade are called in regularly to help in the
event of an escalating situation, for example, if it is possible that patients
might harm themselves or others, or in dangerous situations for patients and
staff. In the event of a de-escalation alarm, an alarm group is informed, to
which members of the fire brigade service belong.
House fire brigade as
security service
The care personnel described the deployment of the house fire brigade as
security to Commission 5 by using the words “assists” or “only holds limbs,
but does not fasten the belts”. These statements suggest that house fire brigade
staff can also be involved in care-related activities for which there is no legal
basis.
A job description for the house fire brigade showed that “help in restraining
patients as a member of the de-escalation team when the de-escalation alarm
is triggered” is expressly mentioned as a special challenge. The house fire
brigade in Mistelbach Regional Hospital carry out regular patrols throughout
the building on night shift.
In the University Clinic for Psychiatry at Innsbruck Regional Hospital, , the
security staff are deployed if there is a risk of absconding. The security company
is regularly charged with the transfer of patients from the outpatient area to
the locked area. A transfer from the locked area of the Innsbruck Psychiatry
Department to the locked area of Kufstein Hospital was also carried out in the
presence of an employee of the security company. An eleven-year-old patient
was accompanied by an employee of the security company from admission to
the locked ward even though his mother was present.
Far-reaching tasks
performed by security
in Innsbruck Regional
Hospital
In this context, the Innsbruck Regional Court decided in two cases (use of
an ankle bracelet and returning an escaped patient) that the involvement of
security company staff was not permissible. In one case, a restrained patient
127
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents