Social Care Centres
allowed to isolate a person who brawled or disturbed the peace as a result of
abusing alcohol or other intoxicants.
The reservations of the representatives of the Mechanisms also concerned the
documentation of the coercive measures used, namely, too general grounds for using
the measure, the lack of notes on restraint report cards which would evidence that the
doctor was informed about the nurse’s decision to use the measure, no documentation
demonstrating that the resident had been informed about the possibility of a coercive
measure being used against him213. The analysis of medical records in one of the centres214 revealed that the personnel did not understand the idea of using coercive measures, since their use was prescribed as a routine measure for almost all residents215.
Pursuant to Article 18 of the Act on the protection of mental health, the use
of coercive measures against a person with mental disorders, while performing the
activities provided for in the said Act and in the specific circumstances, consists in
holding a person down, forced administration of drugs, restraining or isolation.
Apart from specifying the persons deciding about and approving the use of coercion, the said provision stipulates that each case of using coercion and warning
about its use must be recorded.
Therefore, the visiting team recommended using coercive measures in line
with the Act, including appropriate documentation of their use, and appropriate
training of the personnel having direct contact with the residents.
5. Right of access to information
The representatives of the NPM noted infringements of the residents’ right
of access to information in the visited establishments; they included the failure to
present the organisational regulations in a place available to all216, the fact that the
residents were presented the regulations only when they have infringed them217,
the vagueness of the regulations218. In one of the centres219 the residents were not
informed about the use of CCTV.
Social Care Centre in Racibórz.
Social Care Centre in Choroszcz.
215
The same problem was discussed in a report by T. Gardocka, Problematyka umieszczania osób
chorych psychicznie i upośledzonych umysłowo w domu pomocy społecznej (w kontekście gwarancji
procesowych) [The placement of mentally ill and mentally disabled persons in social care centres (in
the context of procedural guarantees)], Prawo w działaniu, 2011/9, p. 37.
216
Social Care Centre in Mogilno, Social Care Centre in Ruda Śląska, Social Care Centre in Wieleń
upon Noteć – only information about where the regulations can be found.
217
Social Care Centre in Mogilno.
218
Social Care Centre in Choroszcz.
219
Social Care Centre No 1 in Grudziądz.
213
214
87
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