Long-term deprivation of liberty
93. In the review of cases of residents committed under judicial authority carried out in the Pumarín Mixed Residence, the cases of two residents were examined in which, following their admission on the basis of
previous precautionary measures, there was no record in the documentation
examined of new judicial instructions ordering the respective detainments,
nor the subsequent supervision of these, according to the provisions of
article 763.4 of the Civil Procedure Act. In addition, some relevant documents were missing from some reports, such as judicial authorisation for
the detainment. As a result, this situation was referred to the Public Prosecutor which, after carrying out the relevant investigations, confirmed the
legality of said detainments, even though the facility did not hold the documentation.
Inmates under judicial power
§315 AR 2014
In the San Juan de Dios Centre it was confirmed that the majority of residents had been admitted based on judicial authorisation, and that mandatory reports were regularly sent to the competent judges highlighting the
need, where appropriate, to continue the detainment.
Regular reports
§322 AR 2014
94. The majority of residents interviewed in this centre were incapacitated, making the guardian (usually a family member) a key figure who must
watch over the safeguarding of their rights. The testimonies of residents
revealed that it was difficult for this role to be exercised actively on some
occasions (due to the geographical distance between the guardian (whether institutional or family) and the dependant). Because of this, the residents
stated feeling defenceless and complained that it was not possible to
change their guardian. It would therefore be advisable to regularly review
the allocation of guardians and to assess whether the guardians are effectively carrying out their duties, and whether family members cannot or
do not wish to carry out this function. Other systems of guardianship could
be examined and, where appropriate, the possibility of requesting a change
of guardian could be facilitated for those patients who wish it (which would
be assessed case by case) or a possible ‘ex officio’ review.
Guardianship of residents
Effective intervention by the Madrid Agency of Adult Guardianship in
relation to the residents under its guardianship is fundamental in guaranteeing their rights as well as in evaluating if there have been advances in
the rehabilitation processes.
95. The use of restraints in these facilities was examined during the
visits. In the Pumarín Mixed Residence the percentage of people with
some type of restraint is high in relation to the profile of the residents. It
was therefore suggested to the facility that they launch initiatives aimed at
reducing the use of restraints. This Suggestion has been rejected by the
Administration. Although the use of restraints is recorded in other documents (medical instructions, treatment forms or nursing instructions), there
is no specific register of nursing and auxiliary actions with respect to these
restraining measures. It should also be added that although there are protocols for mechanical restraint in the event of distress, the personnel interviewed were unaware of their content, nor did they know where to find
these protocols. This was also the case with the suicide protocol.
Mechanical restraints
§338, 340, 341, 342 AR 2014
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