1.1 Visits to social care institutions (residential homes for the elderly) 1.1 Visits to social care institutions (residential homes for the elderly) In 2013, the Ombudsman, in its NPM capacity and accompanied by members of the selected NGOs, visited ten homes for the elderly: Trebnje Home for the Elderly (Trebnje HE), Centre for the Blind, Visually Impaired and the Elderly in Škofja Loka (Škofja Loka Centre), Radlje ob Dravi Home for the Elderly – Hmelina Home, Ptuj Retirement Home (Ptuj RH), Danijel Halas Home, Olmo Home for the Elderly (Olmo Home) which is a unit of the Ptuj Retirement Home, Bor Home for the Elderly in Črni Vrh nad Idrijo (Bor HE), Jesenice Retirement Home (Jesenice RH) and Trnovo Centre for the Elderly (Trnovo CE). A control visit was carried out in Mengeš Retirement Home (Mengeš RH) (a preliminary visit took place in 2009). Following the first visit in July 2013, a control visit to Olmo Home was also carried out in November 2013. All visits to the residential homes for the elderly were unannounced, with the exception of the visit to Jesenice RH that was announced, as the representative of the Czech NPM took part in it. The NPM visits were undertaken on the basis of powers granted by the Optional Protocol in order to check the conditions and treatment of persons deprived of their liberty. The purpose of the visits to the residential homes for the elderly was in particular to inspect the wards where persons (with dementia) may be restricted in their freedom of movement, to establish the legal basis for accommodating residents in such wards, to establish how treatment of the residents in such units is carried out and, in particular, to establish a potential cruel, inhuman or degrading treatment or punishment of residents, and, if necessary, to give recommendations aimed at improving the conditions and treatment of persons. On each visit, the NPM held an initial interview with the management of the institution, toured the secure ward or wards, inspected the documentation related to the admission of residents to a secure ward, checked the use of special protection measures and inspected the complaints of residents, their family members or legal representatives. Subsequently, the institution in question responded in writing to the questions posed in the form of a questionnaire and submitted to the institution on this occasion. The questions related to the organisation of the secure ward, the use of special and other protection measures, staffing levels, health and other care of residents and other matters. The NPM drafted a preliminary report on the visit that was submitted to the institution together with the request that it communicate its positions on the findings and proposals stated in the preliminary report on the visit. On this basis, the NPM prepared a final report and communicated it to the institution visited and to the Ministry of Labour, Family, Social Affairs and Equal Opportunities. Certain final reports were communicated to the Social Affairs Inspection Services, while the final report on the visit to Olmo Home was also submitted to the Health Inspectorate, together with a proposal that it examine the part of the report on the visit that refers to the use of special protection measures. The purpose of the control visits to Mengeš RH and Olmo Home was to check the implementation of the NPM’s recommendations from the previous visit in terms of the response report submitted by the institution visited. The course of the visit was adapted accordingly. Living conditions In the homes visited, the capacity of the wards for persons with dementia, i.e. secure wards (SWs) and high level supervision wards (HLSWs), varied; however, no problems concerning potential overcrowding could be established. Trebnje HE has two SWs with 11 and 23 beds respectively, Ptuj RH two HLSWs with 27 beds (at the time of the NPM’s visit, the capacity of one of these wards was exceeded by an extra bed). Škofja Loka Centre has a HLSW with 23 beds, in Hmelina Home there are two HLSWs with 13 and 23 beds respectively, in Danijel Halas Home there is one SW with 12 beds and Bor HE has two wards, the capacity of which is 21 beds each. Trnovo CE also has one SW with 20 beds. In Olmo Home there are 15 beds in the SW. Jesenice RH has three units intended for residents suffering from dementia. Their capacity is 10, 13 and 15 beds respectively. At the time of the NPM’s visit, Trnovo CE already obtained the verification for the secure ward according to the Rules on staff, technical and premises requirements for institutional care providers and social work centres providing mental health services, and on the verification procedure thereof. 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 21