Annual Report 2019
their conduct, detainees are given more or less freedom of movement. The group
composition is aimed at preventing mutual influence among detainees. The
Inspectorate took a positive view of these measures.
The Inspectorate believes that the legal position of detainees in a terrorist detention
unit is safeguarded. Detainees are treated in a respectful manner. Detainees have a
day programme, which includes outdoor exercise, work and spiritual care. They are
also allowed to receive visitors.
However, the Inspectorate regarded the exchange of information between the
terrorist detention units and the Dutch Probation Service on the one hand, and the
terrorist detention units and the municipalities on the other as a risk. Furthermore,
the Inspectorate noted that the cooperation between the terrorist detention units
and the municipalities is currently based on personal contacts rather than on
documented agreements. Personal contacts may cease to exist, causing knowledge
to be lost. In its report, the Inspectorate made various recommendations to help
address these issues.
Secure care wards
Applications for new placements
The Health and Youth Care Inspectorate, which is part of the NPM, assesses all
applications for opening or expanding secure care wards. This concerns placements
under the Psychiatric Hospitals (Compulsory Admissions) Act (Wet bijzondere
opnemingen in psychiatrische ziekenhuizen) in nursing home care, care for the
disabled and mental health care. In 2019, the Inspectorate assessed some
170 applications to determine whether conditions were in place to provide proper
and secure care to patients. The Inspectorate conducted 32 visits in total to assess
whether care providers complied with the requirements.
The Inspectorate pointed out that greater attention should be paid to the field of
tension between care and security. People with mental health issues are a good
example. The Inspectorate noted that care providers were increasingly thinking in
terms of security rather than the client’s or patient’s perspective. Moreover, greater
focus should be placed on citizenship and social inclusion given that not all people
suffering from mental health issues are dangerous.
Reducing the use of seclusion and isolation
The Health and Youth Care Inspectorate also assessed the use of seclusion and
isolation at mental health institutions, based on an assessment framework for the
reduction of seclusion and isolation. The parties in the professional field were
informed that this assessment framework will continue to apply until such time as
the professional field has created a field standard to replace this assessment
framework. Various sector and patient organisations are currently working on
developing a field standard.
Preparing for new legislation
The Mandatory Mental Healthcare Act (Wet verplichte geestelijke gezondheidszorg)
and the Care and Compulsion (Psychogeriatric and Intellectually Disabled Patients)
Act (Wet zorg en dwang) came into force on 1 January 2020. Both laws are
important for improving the legal position of clients/patients who receive mandatory
care or involuntary treatment. The underlying principle is to avoid the restriction of
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