-
voluntary patients are placed in solitary confinement for periods exceeding 12 hours,
without their hospitalisation status being updated.
Several anomalies combined were found in one of the institutions visited: a high number of
solitary confinement and restraint measures, with no regard for the recommendations of the Regional
Health Agency, which may be maintained for several months, common restraint measures lasting for
several days at a time or renewed, the systematic placement in solitary confinement and restraints of
patients having made an attempt on their life, solitary confinement sectors with no visibility, call
buttons and hardly any traceability. This particularly serious situation was referred to the Ministry for
Solidarity and Health, whose response was expected on the date this report was being drafted.
Article L 3222-5-1 of the Public Health Code, as it is set out by the Act of 26 January 2016 on
modernising our health service, does not describe placement in solitary confinement and restraint as a
"recommendation" but a "decision". This text also lays down the conditions for approving and
renewing this decision: these must be "practices to be used as a last resort", which implies that
measures aimed at avoiding them have been taken and recorded; their purpose must be to "prevent
immediate or imminent harm to the patient or another person", which must therefore be spelled out;
they must be taken "for a limited period", which must be specified; they must be subject to "strict
surveillance", the arrangements for which must be organised and the implementation recorded; such
surveillance must be "entrusted by the institution to health professionals designated for this purpose",
the designation procedure and criteria for which must be defined and able to be checked.
Where the measure is described as a "decision", it must be able to give rise to a use, the nature
of which the law has not clarified. In connection with this use, it must naturally be possible for a
judicial administrative authority to ensure that all of the conditions governing the use of solitary
confinement and restraint, as stipulated by the law, are met. According to the information in the
CGLPL's possession on the date this report was being written, no use of this nature has ever been
performed.
The CGLPL invites the public authorities and professionals concerned to give thought to this
issue.
1.4
Institutions conduct policies driven by the desire to protect patients'
freedoms and to set up more open care delivery models
The desire to protect patients' freedoms first and foremost results from the balance that institutions
choose between intra and extra-hospital services. Of course, it is not the CGLPL's place to inspect
extra-hospital services which, by definition, do not deprive patients of their liberty, but it would be
appropriate here to highlight the merit of such facilities both for a less traumatising care model than
full-time hospitalisation and for the prevention of crises which lead to involuntary treatments - often
in an emergency.
In this regard, the CGLPL has met with several institutions whose strategic plans
aim at reducing the proportion of full-time hospitalisations in their care
provision by scaling up resources allocated to outpatient care and extending the
opening times of medico-psychological centres. Often, this commitment logically
comes hand in hand with a commitment to reducing the duration of involuntary
care administered during full-time hospitalisation, so as to substitute care
programmes for them.
One of the institutions inspected was undergoing a reorganisation apparently in a bid to no
longer accommodate voluntary patients on locked wards, which reduced their capacity. Along the
same lines, this institution was also setting up a series of measures intended to personalise care
provision and improve respect for patients' rights and freedoms. This initiative has taken the form of
a "plan for users' rights", which aims at maximising freedoms whilst safeguarding security 19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents