Pa r t i I . Furthermore, the representatives of the NPM voiced reservations about testing sobriety of persons in their room as well as depositing any alcohol found and destroying it in the presence of a commission156. The representatives of the Mechanism stressed that testing breath alcohol content falls beyond the competence of SCC personnel. It should also be noted that the practice of taking alcohol away from residents is questionable in the context of the constitutional protection of the right to ownership (Article 64(1) and (3) of the Constitution of the Republic of Poland). 7.3. Strengths and good practices In 2014, as in the previous year, the representatives of the Mechanism identified the following strengths of the centres: living conditions ensured to residents, personnel’s commitment to care for them and a cultural and educational offer. What is more, specific centres implemented numerous noteworthy projects and practices. 7.4. Areas requiring improvement 1. Legality of stay Performing their visits to social care centres, the representatives of the NPM found some of them overpopulated157. They stress that SCC directors cannot decide on their own to increase the capacity of their establishments, which was specified by statute. In certain centres, personal files of incapacitated residents lacked a judicial decision on placement in the SCC158. In one of the centres for the elderly and the chronically somatically ill, there was an aggressive resident who hit others with a stick, threw items at them, made threats against their life, insulted and abused them, and also attacked a nurse with a knife159. When such aggressive behaviour intensified, he had a psychiatric consultation. He was diagnosed with organic personality disorders. Moreover, the centre filed two notifications of a suspicion of a crime. In view of the fact that the establishment has no isolation room and no physical restraints in place, the situation seriously threatens the safety of other SCC residents. The representatives of the Mechanism recommended taking immediate action to place the resident in a social care centre for the chronically mentally ill. SCC in Słupia Pacanowska. SCCs in: Bartoszyce, Pińczów, Rzeszów, Płaza. 158 SCCs in: Białystok, Pińczów, Poznań, Rzeszów and Łódź (No 4). 159 SCC in Bartoszyce. 156 157 51