possibility to leave the premises by individuals placed in the SCH on the basis of a court ruling. The possibility to freely leave the premises of the SCH should only be dependent on the physical and mental fitness of a given resident. Therefore, the only criteria taken into account when issuing a decision concerning one’s capability to leave the premises without any supervision should be: the will of the resident and his/her health status. The opinion on the health status of a resident that can constitute grounds for restricting his/her freedom of movements as far as leaving the facility is concerned may be drawn up by a doctor (e.g. internal medicine doctor or geriatrician) or a psychiatrist after a consultation with a psychologist, if needed. All relevant opinions should be placed in resident’s personal files. The issue of SCHs’ cooperation with psychologists One of the key pillars of proper care for residents of social care homes is providing them with permanent and unrestricted access to a psychologist. In practice, only a psychologist employed by the facility can provide such access. The problem has been raised since 2013. However, every year the Minister of Family, Labour and Social Policy replies to the Commissioner that social care homes do not need psychologists or psychiatrists employed specifically within their structures, and that the frequency of the home residents’ contacts with psychologists is not determined by way of regulations because it depends on individual person’s needs. The issue of family judges’ insufficient control over social care homes Pursuant to Article 43 (1) of the Act on mental health protection72, the court supervision over the legality of placement and stay of people with mental disorders in social care homes and over the observance of their rights and living Act of 19 August 1994 on mental health protection (Dz.U. of 2018, item 1878). 72 Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2018 47