CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM Thus, as one of the main duties of the service provider is ensuring safety of persons receiving the service, the provider must be aware whether a person receiving 24-hour special care service is staying in the premises and on the territory designated for the provision of the service or has left. Therefore, a welfare institution should have a system through which a service recipient informs the service provider each time that for a certain period they would be staying outside the territory of the institution. The service provider can and must take note of this information but may not restrict a person’s exit and entry from and to the territory. It should also be emphasised that the service provider is responsible for the safety of the person within the provider’s premises and territory, and the person himself or herself is responsible for their stay outside. If a person is placed in a welfare institution by a court ruling (i.e. a person has been deprived of their liberty for a certain period) then certain requirements for the service provider arise under § 1152 of the Social Welfare Act. The service provider is required to apply stricter security measures in respect of persons placed in a welfare institution by a court ruling as compared to other clients of the 24-hour special care service. The service provider must ensure that a person placed in the social welfare institution by a court ruling does not leave the premises or territory for the provision of the service without being accompanied by a person ensured by the service provider. Additionally, the service provider must ensure 24-hour continuous surveillance and overview of the movement, location and activities of the person and ensure that the person does not endanger himself or herself or others. Thus, persons referred to the service by a court ruling may leave the premises and territory designated for the provision of the service only when accompanied by a person provided by the service provider. The existence of an accompanying person is necessary to ensure the safety of the client and of others also outside the service provider’s territory. The service provider is also required to have a 24-hour overview of the movement, location and activities of the person placed in the institution by a court ruling, in order to ensure their safety. The service provider must monitor the activities of the clients and be able to notice in time and prevent risk situations in order to avoid danger to the person himself or herself or to others. 3. Use of means of restraint in a social welfare institution Workers of social welfare institutions asked which means of restraint may be used in respect of persons receiving a service in an institution. The only means of restraint which may be used in respect of persons receiving a service in a social welfare institution is seclusion from other service recipients, i.e. placement of a person in a seclusion room. Seclusion may only be applied in respect of persons receiving (both voluntarily or based on a court ruling) 24-hour special care. Thus, if a person is staying in a social welfare institution receiving any other service than 24-hour special care then no seclusion as a means of restraint may be used even when the person poses a danger to himself or herself or to others. Alternative measures of pacification which do not restrict the fundamental rights of the person should be used in such cases. Seclusion may only be used if circumstances provided for under § 202(4) of the Social Welfare Act exist, including: 1) immediate danger to the life, physical integrity or physical freedom of the person himself or herself or other persons receiving the service; 2) verbal appeasing of a person or application of other measures known to the service provider and indicated by the doctor with respect to the specific person has been insufficient; 3) to the service provider’s knowledge the doctor has not excluded the use of seclusion with respect to the specific person. If at least one of the requirements under § 202(4) of the Social Welfare Act has not been fulfilled, seclusion may not be used by the service provider and other measures for pacifying the person should be applied. Seclusion in respect of a person receiving 24-hour special care may only be used if the person poses immediate danger to himself or herself or to others. Before seclusion, always an attempt should be made to pacify the person verbally by talking to them and, if necessary, calling them away from the others. In many cases, seclusion can be avoided through communication or the use of other more lenient measures. 13