Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014 leaves involving a city centre trip, an incapacitated resident provides SCC employees with consent of his/her legal guardian or probation officer to leave the centre alone136; in accordance with a leaving procedure, an initial decision to go out alone is taken by a  legal guardian who submits a  personally signed statement137; any external contacts and leaves depend on the will of legal guardians138; upon consent of a legal guardian139; a legal guardian is asked for permission, although cognitive abilities and health are assessed by a psychiatrist140. It should be stressed that the current legal framework lacks regulations which would impose any restrictions on residents’ leaves from SCC buildings and premises. Therefore, solutions introduced in the visited centres must now be considered to illegally limit residents’ personal freedom. However, taking account of the need to ensure their safety, the representatives of the NPM recognise the need to have this problem regulated by statute141. It is appropriate to let residents leave on their own if their cognitive abilities and health so permit. The foregoing should be confirmed by a psychiatrist’s or a psychologist’s opinion. 2. Psychological/psychiatric care The issue of psychological-psychiatric care provided for residents of the care centres visited remains in the interest of the representatives of the NPM. Pursuant to § 6(2) (2) of the Ordinance of the Minister of Labour and Social Policy of 23 August 2012 on social care centres142 (hereinafter referred to as the “Ordinance of the Minister of Labour and Social Policy of 23 August 2012), residents must be provided with contact with a  psychologist, while persons staying in a  centre for the chronically mentally ill – also with contact with a psychiatrist. This regulation specifies no standard which should be met to recognise that the centre complies with the provision referred to above. This leads to a situation where directors of these centres have some leeway in interpretation and, consequently, contact of SCC in Białystok. SCC in Jarosław. 138 SCCs in: Warsaw, Poznań. 139 SCCs in: Końskie, Częstochowa, Słupsk. 140 SCC in Wadowice. 141 In her reply of 21 January 2014, the Undersecretary of State in the Ministry of Labour and Social Policy pointed out that „at present, it is hard to determine whether matters of residents’ leaves from SCC premises will be governed by separate laws, or whether applying solutions in practice is a better option not violating the law in force, without introducing additional provisions. The way how the matter of residents’ leaves will be settled has not yet been decided”. 142 Dz.U. of 2012, item 964. 136 137 48