“undesirable events”, within the department in which it occurred, in order to prevent any
reoccurrence and to provide all concerned with the necessary peace of mind.
In a certain number of cases observed, the directors of the institutions concerned also
showed themselves singularly irresolute with regard to the way to handle the situation.
Sometimes, persons alleged to have committed offences are advised to make themselves scarce
for a while, for example by taking a holiday, and nothing more. Suspensions are little used and
disciplinary measures still less. The victim is scarcely taken care of. In a largely established case of
rape of a female patient, the latter had to carry out the procedures for the making of a criminal
complaint herself, a procedure which is still more painful and difficult for a person with mental
health problems, if one may be permitted to speak in this manner, than for persons in good
health. The solidarities shown between professionals can be understood. However, the
management is there in order to ensure compliance with sound principles of behaviour. There is
often too much hesitation to actively participate in the search for the truth, to resolutely remove
suspected persons from the department and, once guilt has been established, to take the
necessary disciplinary measures. Managers should, on the one hand, make sure that persons are
suspended when the acts with which they are charged are liable to recur and, on the other hand,
contribute actively to the completion of investigations making it possible to establish the truth.
The protection of the fundamental rights of patients can only be secured at this price, which is
sometimes high, but which it is important to pay.
2.5.3 Other observations and recommendations made with regard to hospitalisation
without consent
Many of the remarks which follow echo those made in previous reports. This persistence is
attributable in part to the fact that, so far, few follow-up inspections (second inspections) have
been carried out in psychiatric hospitals. The findings of the initial reports therefore predominate.
It is, however, to be regretted that the recommendations consistently sent by the Contrôleur
général have scarcely received any response from the regional public health authorities and
departments of the central administration, notwithstanding the fact that the institutions
themselves are often attentive.
2.5.3.1 Patients’ Rights
Notification of new arrivals of their rights of remedy against measures
applied to them, along with the concrete resources that can ensure the
effectiveness of such proceedings, still leaves a great deal to be desired.
Admittedly the question is difficult, involving patients who often arrive in hospital in
various forms of delirious stages 171. Again, admittedly, the question has perhaps become less
acute since the Act of 5th July 2011, which introduces a mechanism providing for the intervention
of a judge in the case of all “full time” hospitalisations without consent, at the end of a period of
fifteen days at the latest. It has nonetheless lost none of its importance. The period that may
elapse between the time of admission and the moment when the person recovers the means of
understanding a notification often makes the latter’s imperative character disappear, all the more
so in cases where the patient has been transferred to a different unit in the meantime. It is
therefore recommended that notification forms should follow patients in all of their transfers
within institutions, as from their arrival, and that these should be jointly completed by the
patients as soon as “their state allows” and the staff.
171
The law (article L.3211-3 of the public health code) provides that persons shall be informed of their legal position
and rights and of the possibilities of remedy open to them “on admission or as soon as their condition allows”.
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