Long-term Deprivation of Liberty
sidized by the Government of Castile-La Mancha (43 places in the residence, 10
in the day center and 7 in the supervised dwelling). However, the fact that there
are vacant places is not due to lack of demand, but rather to the order issued by
both administrations to suspend admissions, and even assessment of applica
tions, due to budget cuts. So even though demand for the service is considerable,
the official waiting list is not that long. In this respect, the aforementioned Re
gional Ministry and Provincial Council have been asked to submit reports on the
measures that must be adopted to deal with the waiting list they will eventually
have with persons waiting to obtain a place in the center.
Moreover, in 2012 the center’s management became aware of the difficulties it
faced following a reduction of 18% of its budget in respect to 2011.
The 2012 budget has been
173. During the interviews, some of the men and women in residence declared
that they had entered the center «against their will», adding that they were sent
there to relieve their families of the obligation to care for them, due to their so
cial situation or for other reasons. One resident declared the following: «I am not
able to adapt. I know I have to be brave and that I have to think of my children
and accept that it has to be this way. They work and cannot take care of me, but
I just can’t accept that and adapt.» Following a review of the documentation, it
was concluded that neither the Toledo Provincial Council nor the Regional
Ministry of Health and Social Affairs of the Community of Castile-La Mancha
require express judicial authorization to commit elderly persons or persons with
disabilities who do not have the capacity to consent freely, whether or not they
are judicially incapacitated, to the center. In consequence, the two administra
tions have been informed that in such cases judicial authorization for non-vol
untary committal should be required, pursuant to Article 763 of the Civil Pro
cedure Law.
Judicial authorization must
174. In respect to the periodic control of non-voluntary committal, the «Manu
al of good practices of the service of the Attorney General’s Office specialized in
the protection and support of persons with disability» (Manual de buenas practi
cas de los servicios especializados del Ministerio Fiscal en la proteccion a las perso
nas con discapacidad y apoyos) states that in addition to examining the report
drafted by the center, the Office also takes into consideration, whenever possible,
the report of the forensic doctor or of an independent physician appointed by the
judge, different from the center’s physician, and shall give the person affected by
the measure a hearing. However, on reviewing the files at the center in which ju
dicial authorization of committal appeared, there was no reference to those ac
tions during the periodic control, which has been brought to the attention of the
Office of the Attorney General.
Periodic control must entail
Likewise, in cases in which committal was authorized by the court, it was noted
that the medical reports submitted every six months to the judge in order to sub
stantiate the need to maintain committal measures, in accordance with Arti
cle 763.4 of the Civil Procedure Law, are in many cases identical copies in which
Periodic medical reports
THE OMBUDSMAN OF SPAIN
reduced by 18%
be obtained for non
voluntary committals
greater involvement on the
part of the Attorney
General’s Office
should be more thorough
and be updated
135
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