in Łódź). In addition, the structure of bathrooms, the lack of shower curtains or the
location of bathtubs raised NPM representatives’ concerns as regards the right to
intimacy and dignity of residents ("Leśny" SCC in Warsaw, SCC in Góra Kalwaria,
SCC No 3 in Łódź). In response, the Director of “Leśny” SCC in Warsaw indicated
that the lack of shower curtains resulted from the fact that residents, who had illusions
and fears due to their illnesses, torn the curtains down along with the racks. Such
persons cannot wash themselves in closed rooms. Shortcomings are supplemented on a
regular basis. The Director of SCC No 3 in Łódź explained that shower curtains were
only temporarily removed due to their replacement with the new ones.
Protection against improper treatment is also related to, among others, the
application of coercive measures. In this regard, in all establishments except for SCC
in Radom, the National Preventive Mechanism found the need to carry out
training courses for personnel in this scope and to unconditionally observe
procedures included in the Act of 19 August 1994 on the protection of mental
health. Employees of social care centres categorically denied the application of
coercive measures and stated that such prohibition resulted from the Act. Such
statements indicated the lack of the basic familiarity with regulations regarding
coercive measures. Additionally, it results from establishment dossiers and
information provided by patients that in critical situations, the employees applied
coercive measures, most often in the form of holding or coercively administering
medications, but the legitimacy and method of application was not subject to any
verification. As a result of an analysis of documents, the NPM representatives also
found an incident where isolation was not applied to an aggressive patient directly
after an aggressive act but only after the supper (it was unclear whether a patient had
ceased to be aggressive after the supper). Apart from the fact that a nurse report did
not specify whether the behaviour of a resident had been eligible for isolation,
isolating a patient after some time from the act qualifying for the exercise of such
measure is contrary to the rules of applying coercive measures, which can be applied
only when necessary and for a necessary period.
Referring to findings concerning the application of coercive measures, the
Director of „Leśny” SCC in Warsaw stated that patients were not held at injections.
Injections are administered only upon residents’ consent. Holding a person at the
injection would be too dangerous. When a patient refuses to have medications
administered, holding is not exercised and the fact is recorded in nurse reports. The
Director of SCC No 3 in Łódź explained that the centre had its own procedures for
applying coercive measures and all employees were familiar with them. Moreover, the
Directors invoked controls performed by a judge of the Family and Minors Division of
the District Court, during which no irregularities had been found. On the other hand,
the Director of SCC in Jedlanka informed the NPM representatives that a medical
personnel had been trained in the scope of applying coercive measures and the
procedure for the personnel applying such measures had been worked out in
accordance with legal requirements.
d) Right to contact with the outside world
Ordinance of the Minister of Labour and Social Policy of 19 October 2005 on social
care centres (Dz.U. No 217, item 1837)
Article 5(1) A social care centre, regardless of type, shall provide services: (…)
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