CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
IX. PROVIDERS OF SPECIAL CARE SERVICES
1.
General outline
During the reporting period, there were six social welfare institutions in Estonia providing 24-hour special
care services to persons placed in the institution upon a court ruling and in respect of whom the right of
free movement may be restricted for the period of providing the service (i.e. a person is placed in a closed
department).
The Chancellor of Justice inspected three of the six of these establishments in 2010. The inspected establishments included Valkla Care Home (AS Hoolekandeteenused) (Inspection visit to Valkla Care Home
(AS Hoolekandeteenused), case No 7-9/100019), nursing care and social welfare department of Viljandi
Hospital Foundation (Inspection visit to the nursing care and social welfare department of Viljandi
Hospital Foundation, case No 7-9/100490) and Võisiku Care Home (AS Hoolekandeteenused) (Inspection
visit to Võisiku Care Home (AS Hoolekandeteenused), case No 7-9/100683).
Previously, the Chancellor had inspected Valkla Care Home in 2001. Võisiku Care Home and the nursing
care and social welfare department of Viljandi Hospital Foundation had not been inspected previously.
The choice of the inspected institutions was based on the Chancellor’s work plan and the need to inspect
institutions which had not been inspected at all or inspected a long time ago, and to verify whether the
fundamental rights and freedoms of persons are guaranteed in the institutions. Petitions received by the
Chancellor from service recipients (the number of petitions as well as the problems described in them) also
affected the choice of the time and place of the inspections. All the above inspection visits were carried out
without an advance notice.
In comparison to previous visits, inspections carried out during the reporting period are characterised by
more active involvement of experts and interviewing of service recipients and staff. In the inspection visit
to the nursing care and social welfare department of Viljandi Hospital Foundation a general practitioner
and a psychiatrist were involved as experts, and in the visit to Võisiku Care Home a general practitioner
was involved. Experts examined the treatment documents of patients in these institutions in order to assess
the conformity of general medical care and psychiatric care with the requirements. The experts did not
find any violations of the requirements. However, some recommendations for improving the quality of
health care were given.
One of the main problems concerning both the undertaking AS Hoolekandeteenused and Viljandi
Hospital Foundation was the absence or insufficiency of a register for recording incidents or seclusion.
In the nursing care and social welfare department of Viljandi Hospital Foundation no separate register for
recording the use of seclusion has been introduced. Therefore, advisers to the Chancellor could not verify
the relevant information.
In Võisiku Care Home, upon examination of the register of incidents of seclusion, decisions for placement
of persons in a seclusion room and the relevant case descriptions, advisers to the Chancellor found that
some cases of seclusion of persons receiving the service in the care home had not been recorded in the
register of seclusion.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) in its report on a visit to Estonia28 (which took place in 2003) in paragraph 103 has
said: “every instance of the physical restraint of a patient/resident (manual control, use of instruments of
physical restraint, seclusion) should be recorded in a specific register established for this purpose (as well
as in the patient’s file). The entry should include the times at which the measure began and ended, the
circumstances of the case, the reasons for resorting to the measure, the name of the doctor who ordered or
approved it, and an account of any injuries sustained by patients or staff. This will greatly facilitate both
the management of such incidents and the oversight of the extent of their occurrence.” In paragraph 52
of its standards,29 the CPT also emphasises the necessity of a register for recording incidents of restraint.
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28 Available online: http://www.cpt.coe.int/documents/est/2005-06-inf-eng.pdf.
29 Available online page 52: hhttp://www.cpt.coe.int/en/documents/eng-standards.pdf.
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