The NPM believes that the form “Statement” in Danica Vogrinec Retirement Home is insufficient, since it lacks the resident’s consent to be accommodated in the secure ward. By signing the form, the resident consents to the use of personal data, the use of audio-visual material, a record of personal belongings and similar, but not explicitly to accommodation. The NPM emphasises that the legal instructions on the possibility of revoking the statement is too narrow. A resident may revoke the statement at any time and in any perceptible way, i.e. in writing, verbally or by conclusive actions, and not only in writing to a social worker of the home or even by registered mail as currently suggested in the form. The NPM thus proposed that the legal instruction be corrected accordingly. Danica Vogrinec Retirement Home notifies the court only after detaining a resident in the secure ward. The NPM stresses that the ZDZdr does not anticipate such an option. Detention of a resident is permissible only on the basis of a court decision in cases when the resident cannot or does not want to consent to detention. Although we are aware that such an arrangement is frequently difficult to observe, it must be respected unless otherwise amended. Due to technical conditions (old building), secure wards on floors prevent all residents from directly accessing green areas, or the possibility of walking is relatively limited in wards on upper floors in Danica Vogrinec Retirement Home; the NPM thus proposed that a different, more friendly arrangement for physically impaired residents be examined in the framework of the planned renovation works. In Lambrecht Retirement Home in Slovenske Konjice, the NPM proposed that the competent court be informed immediately about residents who were admitted to wards without their consent; this practice should also be observed in the future. If a resident is unable to give consent, the home must inform the court thereof even before detaining the resident in a secure ward; in such cases, detention is permissible only on the basis of a court decision. We also recommended that the home inform us if the court fails to make a decision on the proposal. In their reply to the preliminary report, the management of the home explained that they had no residents who would be accommodated in the dementia ward against their will. They also emphasised that the staff were aware that the competent court must be informed if a resident is to be accommodated in the secure ward. The NPM suggested that Tisje Retirement Home and its Litija Unit continue to act according to the ZDZdr and inform the court regarding persons unable to leave the home of their own free will, and persons who would be under such a regime in the future if these are persons determined in Article 2 of the ZDZdr and fail to give, or are unable to give, consent (themselves or their legal representatives in the case of persons with revoked legal capacity) as per Article 74 of the ZDZdr. The NPM recommended that Ribnica Retirement Home immediately submit to the court a proposal to detain a resident or to extend detention in the secure ward, and deliver to the court the psychiatrist’s opinion which it cannot submit simultaneously at a later time. In their reply to the preliminary report, the management of the home explained that according to the NPM recommendation, proposals to detain a resident or extend detention in the secure ward would be submitted immediately upon detention, and the psychiatrist’s opinion would be delivered later. The NPM recommended that Ribnica Retirement Home pay special attention to the deadlines determined by the ZDZdr regarding informing the court and submitting proposals to extend detention. The management of the home did not reply to this recommendation in its response to the preliminary report; regarding the general clarification, we determined that they agreed with the recommendation and would try to realise it. 42 IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT