OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
discharge is applied for, the patient continues to pose as much of a
danger to themselves or to others as they did on the day they were
first admitted to hospital. Regardless of the circumstances, they
sometimes commission a police investigation which, since it takes
place in the area where the person in question was living before
they were compulsorily admitted to hospital, cannot reveal anything
further than the initial facts that led to hospitalisation. And since these
facts highlight a danger, there is a great temptation to continue to
reject the psychiatrist’s proposal.
Indirectly, this amounts to acknowledging that nothing has happened
between the date of hospitalisation and the moment when the
psychiatrist, based on full knowledge of the facts, recommends easing
the restrictions applicable.
This idea, which in any case, involves disregarding the conscientiousness
of care staff, is incorrect and misjudges the spirit of the law in force.
In point of fact, the latter is based on the idea that if the treatment
provided to the patient – especially any treatment that is prescribed
or administered – fails to restore them to a stable condition, in
which they no longer pose any danger, on a permanent basis, then
it may at least guarantee that the patient no longer poses a danger
for more or less extended periods of time. Consequently, based on
this assumption, the law allows the restrictions imposed to be eased,
in the form of a trial discharge. Admittedly, this is only an option.
However, since it involves deprivation of liberty, it can only be held in
check on the grounds of a proven risk of danger or serious threat to
law and order. It seems to be impossible to base a refusal on historical
facts: only current facts should be admissible. A reminder of past facts
that led to hospitalisation cannot establish the reality of such reasons.
b) The second relates to measures for ending compulsory
hospitalisation.
Likewise, the opinion expressed by psychiatrists relating to
compulsory hospitalisation coming to an end is viewed by the public
authorities with a similar degree of mistrust. Identical investigations
are ordered, but by definition, these can only relate to facts preceding
hospitalisation, which cannot therefore provide any indication
regarding the patient’s state of health at the end of the treatment
dispensed in hospital. In the words of the Constitutional Council, only
“medical reasons” and “therapeutic purposes” (QPC decision n°201080
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