persons with disabilities
when a person is restrained, his or her condition must constantly be
monitored so that a health-care professional is in visual or aural contact with the restrained person.
The Ombudsman also pointed out that the decision on the repeated
use of restrictive instruments or clothing in serious dangerous situations must include a record of the maximum period of time restrictive
instruments or clothing can be applied at one time. Moreover, the
decision must include the reasons why other available methods are
not appropriate or sufficient in the given situation. The application of
restraint must also be reported to the Regional State Administration
Agency within two weeks.
The Ombudsman considered it important that the residential unit immediately take measures to bring the treatment of the resident into
compliance with the law. The unit should consider without delay the
reasons that have led to the use of restrictive measures and examine
methods by which the long-standing policy of regular restraining of
residents could be discontinued. The Ombudsman requested that the
competent Regional State Administration Agency continue the investigation.
•
The review of documentation revealed that the doors of a resident’s room had been
kept locked on several nights for approximately 12 hours.
The Ombudsman stressed that the Act on Special Care for Persons
with Intellectual Disabilities allows the locking of a person’s own room
for the night for a maximum of eight hours.
•
One unit providing institutional care and two residential units providing intensified
support used cage beds for some residents with intellectual disabilities. The residents in the institutional unit were minors.
The final statement and recommendation of the Ombudsman regarding the cage bed remains pending. The CPT categorically objects to the
use of a cage bed, regardless of the length of time for which it is used.
The cage bed that was in
use in the inspected unit.
73
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