1.1 Visits to social care institutions (residential homes for the elderly)
At the Danijel Halas Home, we were concerned that the Home’s Regulations on Complaint Procedures
determine that the person submitting the complaint first receives an explanation related to resolving
the comment, recommendation, or opinion (as recorded in the complaint log or as submitted in the
complaint box) from the Home’s professional head, while the said head prepares a written explanation
only upon the express request of the person submitting the complaint. It was not clear from these
regulations how the person submitting a complaint is informed of the findings based on the complaint
procedure and of the measures adopted. The NPM then recommended after a complaint procedure
has been resolved that the Home inform the claimant in writing about the results of the procedure,
findings, and measures in all cases where a written complaint was received, as well as in the
cases where a significant violation or mistake was alleged. In its reply, the home reported that the
housekeeper, who spends the majority of her day with the residents and who knows them best, resolves
residents’ orally submitted routine requests as they come, such as those regarding the temperature of
food, problems with the toilets, other requests, etc. They have not received any more serious written
complaints from residents of the secure ward, but in the event that they do have such, they will sit down
and have a conversation with residents and their special case guardians, as the home is of the opinion
that it makes little sense to issue a written explanation to a resident diagnosed with dementia, as they
will not understand its meaning, much less its content. The Home is thus of the opinion that an oral
complaint resolution procedure is more apt, as the explanation can thus be repeated as many times as
necessary. While NPM approves of competent persons’ quick responses to residents’ oral complaints, it
nonetheless maintains its recommendation about written replies (which naturally do not exclude oral
clarification) to written complaints and/or allegations of serious violations.
During our visits, we also examined written complaints from residents and their relatives for the last
few months prior to our visit. As homes explained to us, and as we determined ourselves from the
documentation available, residents of wards suffering from dementia as a rule do not submit complaints
in writing.
NPM determined that complaint and objection procedures were as a rule sufficiently explained, while
in one of the homes we visited we discovered that the Human Rights Ombudsman’s statement was
missing from the leaflet on the protection of residents’ rights, wherefore we recommended that the
leaflet be supplemented.
Contact with the outside world
Residents of the secure ward have most of their contacts with the outside world through ward
employees, their relatives and other visitors, and through volunteers. The level of volunteering provided
in individual homes can vary. The home’s location can be an obstacle in acquiring new volunteers. This is
the case at the Bor HE, where they do not have volunteer programs in place due to the area’s small size
and the related daily emigration of the younger population, which is the stock of potential volunteers,
to other towns and cities for school.
Usually, volunteers come from primary and secondary schools, as well as from colleges and other
higher education institutes, where volunteer work is a part of electives or is a required part of the study
program. Some volunteers continue their work even after the school year or study program is over. There
are also a lot of volunteers from the Red Cross Slovenia and Slovenian Karitas. Some homes also have
former employees (e.g. retired persons) among their volunteers. It is worth mentioning that residents
of the home itself are sometimes among the volunteers, as they visit other residents or volunteer for
other tasks (e.g. caring for the home’s animals, doing gardening work, etc.). Some homes also employ
individuals sentenced to carry out work to the common benefit.
The cooperation with the residents’ relatives varies per home. In some homes, regular meetings
between residents and their relatives are organized. Some homes (Jesenice, Trnovo) organize various
informative lectures for the relatives of the dementia patients, which can be also be attended by other
interested parties. This is the way homes try to be of support for the relatives of those with dementia,
and thus contribute to breaking down societal taboos around the issue. There are also various self-help
groups for loved ones of those with dementia founded by certain homes.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2013
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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