fundamental and human rights
�.� national preventive mechanism against torture
budsman felt that the changes required by him
could not wait that long (727/2018).
The authority reported that it had started renovating the seclusion premises. The wall surfaces had
been painted and sharp grooves removed. New, soft
and excrement-resistant furniture had been ordered.
A film had been installed on the glass pane in the
door of one seclusion room to protect the occupant’s
privacy. An alarm bell system had been acquired
for the rooms. A dedicated wheeled table had been
ordered for serving meals in the seclusion rooms
so that the patients are not required to eat on their
beds. Every patient in seclusion is permitted to use
the toilet next to the seclusion premises in the presence of a nurse/nurses. Efforts will be made to protect the privacy of patients when safe and possible.
The staff will actively offer the opportunity to use
the toilet. Patients who wish to use the toilet can ask
the staff or ring the bell.
Treatment of patients in seclusion
The Ombudsman stated that the dignified treatment of an secluded patient and good health-care
standards require that the patient has access to a
toilet. Access to the toilet should also be actively
offered to patients without waiting for a specific
request. For this reason as well, patients in seclusion should always be able to contact the care staff
without delay. In his opinions, the Ombudsman
has stated that it is inhumane and humiliating if
the patient’s only means of communicating with
nursing staff is to bang on the door or yell. Patients must also be supplied with adequate and
humane clothing.
The Ombudsman issued a serious recommendation to the authority to take measures to bring the
conditions and treatment of patients in seclusion
up to the required standard. The Ombudsman
recommended that the guidelines on treatment
should more clearly communicate the objective
of providing humane treatment for patients in
seclusion. At the very least, this means that staff
should be instructed to ensure that patient has the
opportunity to use the toilet. The implementation
of personal surveillance could also be expressed
more clearly in the guidelines. Specific examples
of how nurses can assist patients during meals and
ensure that they do not take their meals sitting or
standing on the floor and eating with their hands.
Guidelines alone will not suffice, however, and the
management must ensure that everyone participating in the treatment of a patient in seclusion
are aware of the guidelines and comply with them
(5338/2017).
The authority reported that it had updated its
seclusion guidelines as recommended by the Ombudsman. By the end of August 2018, the authority
intended to draw up a proposal for increasing the
staff ’s level of training and awareness of these and
other guidelines and legislation. The proposed
methods for this include reading materials and an
electronic exam, which everyone working in the
wards would be required to pass.
The Ombudsman was satisfied with the measures and plans reported by the authority for bringing the seclusion premises up to an appropriate
standard. The Ombudsman commended the fact
that more attention will be paid to the staff ’s and
management’s knowledge of legislation, guidelines and national recommendations. Clear instructions and dedicated training programmes are
methods that can consolidate the staff ’s capabilities for encountering challenging patients.
The guidelines gave the impression that patients
will not necessarily be visited in the room, but
supervision can be performed from ”behind the
door”. The Ombudsman did not find such supervision consistent with the supervision required
for patients in seclusion. Neither can such supervision, or event two-way voice communications,
replace contact between the patient and staff.
Patients should have the opportunity to talk with
nurses face-to-face (5338/2017).
The Ombudsman did not deem it sufficient
that patients can contact staff by waving to the
surveillance camera or banging on the door and
shouting. A minimum requirement in this regard
would be a call button in the seclusion room. A
system enabling two-way communication would
be an appropriate way of arranging contact
(727/2018).
119
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