fundamental and human rights
�.� national preventive mechanism against torture
The Deputy-Ombudsman recommended
the patient to be compensated for their
treatment while in seclusion
The Deputy-Ombudsman felt that the way in
which the patient had been treated in seclusion
violated patient´s dignity. A person with impaired
mobility due to cerebral palsy was forced to take
their meals in the psychiatric inpatient ward’s seclusion room by sitting on a thin mattress on the
floor. The plates, cups and utensils were also unsuitable for the patient. The complainant wore
diapers during the seclusion which lasted for more
than 24 hours. The Deputy-Ombudsman recommended that the Welfare District compensate the
complainant for the violations of fundamental
and human rights to which the complainant was
subjected (3287/2017*).
The Welfare District reported that it would pay
the complainant EUR 4,500 in compensation.
Decreasing the use of coercive measures
Every psychiatric unit that employs coercive
meas-ures should have a plan with quantitative
and qualitative targets for decreasing their use. It
is equally important to inform the entire staff of
the plan and monitor its realisation constantly.
The hospital did not have a dedicated programme
for decreasing the use of coercive measures. The
Ombudsman recommended that the hospital continually monitor the implementation of restrictive
measures and draw up a plan or guideline for the
reduction of the use of coercive measures. He also
suggested familiarising the entire staff with the
plan or guideline (5338/2017).
The authority reported that, in addition to the
restriction notifications made to the AVI, the psychiatric outpatient wards will start compiling statistics
on the use of restrictive measures and a monitoring
procedure for restrictive measures will be drawn up.
Once the availability of this base data has been secured, a programme and targets for decreasing the
use of coercion will be drawn up. The induction of
personnel in the targets and measures of the plan
will constitute a part of the programme. Guidelines
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for discussing seclusion with patients will also be
drawn up for staff.
During the visit, the NPM did not see convincing
evidence of active attempts to decrease the use of
coercion. The hospital did not have a dedicated
programme for decreasing the use of coercive
measures (727/2018).
The authority reported that restrictive measures and their use and documentation had been reviewed with the staff. Restrictive measures will only
be employed when other measures will not suffice.
The staff was also instructed to document in detail
any alternative methods employed to resolve the
situation before the use of restriction or seclusion.
A training programme for the staff will start soon.
There are also dedicated guidelines for decreasing
the use of coercion and improving safety in the psychiatric ward, and every staff member has read
and signed the guidelines. A specific programme
for decreasing coercion and monitoring the use of
restrictive measures is being planned. The psychiatric ward uses psychiatric advance directive forms.
This voluntary system has been developed to improve the patients’ right to self-determination when
they are incapable of making decisions for themselves. If an advance directive has been made, it will
be respected whenever possible. The new instructions for patients also include written information
on the possibility to make an advance directive on
psychiatric treatment.
Use of mechanical restraints
The instructions on the use restrictive measures
did not state how often physicians should assess
the state of restrained patients. The patient documents indicated that, in one case, the physician
had only assessed the restrained patient’s state
once per day. The Ombudsman found this interval
to be excessive (727/2018).
All of the inpatient ward’s seclusion rooms
were equipped with restraint beds as standard
fixtures. All new hospital beds ordered for the
ward also included the option to install restraints.
The Ombudsman felt that this could lower the
threshold for using restraints. Some of the patient
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