16
44.
What can be done to prevent the misuse or
overuse of means of restraint? First of all, experience
has shown that in many psychiatric establishments the
use of, in particular, mechanical restraint can be
substantially reduced. Programmes set up in some
countries for that purpose seem to have been
successful, without this having led to an increased
resort to chemical restraint or manual control. The
question therefore arises whether complete (or almost
complete) eradication of mechanical restraint might not
be a realistic goal in the longer term.
It is imperative that every single case of resort
to means of restraint be authorised by a doctor or, at
least, brought without delay to a doctor’s attention in
order to seek approval for the measure. In the CPT’s
experience, means of restraint tend to be applied more
frequently when prior blanket consent is given by the
doctor, instead of decisions being taken on a case by
case (situation by situation) basis.
45.
When the emergency situation resulting in the
application of restraint ceases to exist, the patient
should be released immediately. On occasion, the CPT
encounters patients to whom mechanical restraints
have been applied for days on end. There can be no
justification for such a practice, which in the CPT’s
view amounts to ill-treatment.
One of the main reasons why such practices
linger on is that very few psychiatric establishments
have developed clear rules on the duration of periods
of restraint. Psychiatric establishments should consider
adopting a rule whereby the authorisation of the use of
a mechanical restraint lapses after a certain period of
time, unless explicitly extended by a doctor. For a
doctor, the existence of such a rule will act as a
powerful incentive to visit the restrained patient in
person and thus verify his/her state of mental and
physical well-being.
46.
Once means of restraint have been removed, it
is essential that a debriefing of the patient take place.
For the doctor, this will provide an opportunity to
explain the rationale behind the measure, and thus
reduce the psychological trauma of the experience as
well as restore the doctor-patient relationship. For the
patient, such a debriefing is an occasion to explain
his/her emotions prior to the restraint, which may
improve both the patient’s own and the staff’s
understanding of his/her behaviour. The patient and
staff together can try to find alternative means for the
patient to maintain control over himself/herself,
thereby possibly preventing future eruptions of
violence and subsequent restraint.
CPT: 16TH GENERAL REPORT
How restraint should be used
47.
Over the years, many patients have talked to
CPT delegations about their experiences of being
restrained. Patients have repeatedly said that they felt
the whole ordeal to be humiliating, a feeling at times
exacerbated by the manner in which the restraint was
applied.
For the staff of a psychiatric hospital, it should
be of the utmost concern that the conditions and
circumstances surrounding the use of restraint do not
aggravate the mental and physical health of the
restrained patient. This implies, inter alia, that
previously prescribed therapeutic treatment should, as
far as possible, not be interrupted and that substancedependent patients should receive adequate treatment
for withdrawal symptoms. Whether these symptoms
are caused by deprivation of illegal drugs, nicotine or
other substances should not make any difference.
48.
In general, the place where a patient is
restrained should be specially designed for that specific
purpose. It should be safe (e.g. without broken glass or
tiles), and enjoy appropriate light and adequate heating,
thereby promoting a calming environment for the
patient.
Further, a restrained patient should be
adequately clothed and not exposed to other patients,
unless he/she explicitly requests otherwise or when the
patient is known to have a preference for company. It
must be guaranteed in all circumstances that patients
subject to means of restraint are not harmed by other
patients. Of course, staff should not be assisted by
other patients when applying means of restraint to a
patient.
When recourse is had to restraint, the means
should be applied with skill and care in order not to
endanger the health of the patient or cause pain. Vital
functions of the patient, such as respiration, and the
ability to communicate, eat and drink must not be
hampered. If a patient has a tendency to bite, suck or
spit, potential damage should be averted in a manner
other than by covering the mouth.
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