26
As example, we found a description in a decision
that an inmate had repeatedly banged his head so
hard against the floor in a police custody cell and
subsequently in a security cell that he sustained
visible head injuries. The inmate said that he
wanted to die and asked to speak to a psychiatrist
or a psychologist. Despite several telephone
conversations with the accident and emergency
unit, the doctor on call decided not to come and
attend to the patient in question, but recommended
over the phone to the corrections officer that the
inmate be placed in a restraint bed. The accident
and emergency unit did not follow up and attend
to the patient while he was in restraints, despite
being informed of the fact that he was vomiting
due to his head injuries. In another case, an inmate
with known and extensive trauma due to sexual
abuse over many years, was placed in a restraint
bed following an attempt to harm himself after
being placed in a security cell. According to the
administrative decision, the prison’s health service
believed there was a major risk to life and health,
and efforts were made to transfer the inmate
to the specialist health service. After the health
service closed, the inmate was supervised by
a doctor from the accident and emergency unit,
who concluded that the inmate did not wish to be
in prison. The doctor confirmed to the inmate that
he would remain in restraints until further notice.
Our visits and review of documents have
uncovered many weaknesses in the supervision
provided by medical personnel. These are in
contrast to the rules applicable to the mental
healthcare service requiring continuous
supervision by nursing staff when patients are
placed in restraints.27
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2019
Most inmates are transferred to the restraint bed
from a security cell, like this one.
A decision regarding the use of restraints in
compulsory mental health care can only be made
by a doctor who is an approved specialist, or
a clinical psychologist with the relevant practice
and further education set out in the regulations.
The decision can be appealed to an oversight
commission (called Control Commission)
independent of the hospitals.28
The oversight commission must at its own
initiative revise all decisions regarding restraints.29
There is increasing recognition in the mental
healthcare service that self-harm and suicidal
tendencies should not be met with coercive
measures such as restraint beds, as this increases
the risk of coercion being used rather than reducing
the behaviour one wishes to prevent.
The role of doctors in connection with decisions
to use restraints must be limited to advising
against using such measures if there are health
reasons for doing so. Our review shows that there
were several instances where medical personnel
recommended using a restraint bed. In some
cases, the medical personnel also stated that
supervision by medical personnel was unnecessary
as the prison staff carried out continuous
supervision.
27 The Mental Health Care Act Section 4-8 fourth paragraph.
28 The Mental Health Care Act Section 4-8 fifth paragraph.
29 The Control commission’s case processing, Circular, the Directorate of Health, 22 November 2016.
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