dangerous objects into the bed and using them) nor does it enable medical treatment if necessary
(measuring vital functions, administering drugs). Furthermore, their use is not foreseen in the Mental
Health Act. If there is a need to implement special precautionary measures in an institution, a secure
department must first be set up and a special room within this department allocated to the implementation
of restricting movement to a single room, or a special room allocated to the implementation of the
measure of restraining with belts (in accordance with the ZDZdr, guidelines – Dernovšek et al. 2001 and
Journal of Lectures 2012). If these conditions for the implementation of special precautionary measures
cannot be fulfilled within an institution, individuals who occasionally require the implementation of
a special precautionary measure should be provided with accommodation in an appropriate secure
department of a different social care institution which does have a secure department. In the event of
acute need for the implementation of special precautionary measures, such an individual should be
provided with treatment in a department of a psychiatric hospital under special supervision.”
• The NPM recommended that SEWCC follow the guidelines provided by the expert with regard to
the use of enclosure beds and act in accordance with the ZDZdr, and especially to immediately stop
using enclosure beds.
SEWCC explained that the mesh has been removed from the beds of all three users and that the mesh
had been used exclusively for protection from injury. In cooperation with other institutions, and in
accordance with the law, they were searching for appropriate solutions for ensuring protection from
injury, including by increasing staff supervision. They assured us that they will organise the use of beds
which are adapted to the needs and special characteristics of individual users. They also invited users’
parents to participate in the hope that they could find an optimal solution together.
After the implemented inspection at SEWCC, the Inspectorate of Social Affairs established that SEWCC
does not have a legal basis for using this measure, as it is not a psychiatric hospital and nor does it
have a secure department. The inspector recommended that SEWCC, in cooperation with other
institutions, proposes to the MDDSZ that they regulate this field.
The entry to the Polži unit is locked for reasons of residents’ safety
82
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2017
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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