PART IV PART III PART II PART I CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM granted a licence for the provision of 24-hour special care services to maximum 60 people but during the inspection visit the service was provided to 93 persons. In another institution 74 24-hour special care service was provided to one more person with a serious multiple disability than authorised by the operating licence. As the operating licence proves that the particular service provider complies with the minimum requirements established by the law, including being able to provide a service of at least minimum quality simultaneously to the requested number of persons, the Chancellor proposed to the institution to ensure that the number of persons simultaneously receiving the 24-hour special care service does not exceed the maximum number of persons indicated on the operating licence. In their replies, the institutions expressed the view that the maximum number of places for the provision of the 24-hour special care service indicated on the operating licence only covered the service funded by the state and the number did not include persons who pay for the service themselves. 7.4. Safety of seclusion rooms and register of means of restraint Problems relating to the safety of seclusion rooms were found in five of the inspected institutions.75 In the Chancellor’s opinion the main problems concerning seclusion of persons were the absence of a seclusion room, its inadequate safety and use of a seclusion room for other purposes. In addition, there were still problems with keeping the register of means of restraint. Even where a seclusion room existed, its safety was diminished due to an unsecured bed76, presence of irrelevant items either in the room or in front of it77 and use of the room for other purposes.78 In two of the institutions79 it was not possible to monitor everything taking place in the seclusion room. Five of the inspected institutions lacked a seclusion room and a register of seclusion.80 With regard to the seclusion room it should be noted that since 11 August 2013 providers of 24-hour special care services are no longer obliged to have a seclusion room; however, should a service provider find itself in need for use of a seclusion room, it must ensure the existence of such a room complying with all the requirements. The Chancellor is of the opinion that in case of absence of a seclusion room the institution should proactively consider and prepare detailed guidelines for a situation where a need for a proper seclusion room arises. A seclusion room created in case of need must be safe and the protection of fundamental rights and freedoms of persons must be ensured during its use. Constant monitoring of the secluded person should be ensured throughout seclusion, including the possibility to monitor everything taking place in the seclusion room, and any items kept 34 74 See the inspection visit to Sõmera Home of Hoolekandeteenused Ltd (case No 7-9/130603). 75 See the inspection visits to non-profit association Paju Boarding Houses (case No 7-9/130478), South Estonian Care Centre Ltd (case No 7-9/130904), Pariisi Special Care Centre Ltd (case No 7-9/131299), Sõmera Home of Hoolekandeteenused Ltd (case No 7-9/130603) and South Estonian Care Centre Ltd (case No 7-9/ 130904). 76 See the inspection visit to non-profit association Paju Boarding Houses (case No 7-9/130478). 77 See the inspection visit to Pariisi Special Care Centre Ltd (case No 7-9/131299). 78 See the inspection visits to Pariisi Special Care Centre Ltd (case No 7-9/131299), South Estonian Care Centre Ltd (case No 7-9/130904) and Sõmera Home of Hoolekandeteenused Ltd (case No 7-9/130603). 79 See the inspection visits to Pariisi Special Care Centre Ltd (case No 7-9/131299) and South Estonian Care Centre Ltd (case No 7-9/130904) 80 See the inspection visits to non-profit association Lääne County Psychosocial Rehabilitation Centre (case No 7-9/130534), Haapsalu Welfare Centre Foundation (case No 7-9/130477), non-profit association South Estonian Care Centre Ltd (case No 7-9/130904), Rõngu Nursing Care Centre Foundation (case No 7-9/130435) and nonprofit association Valga County Support Centre (case No 7-9/130903).