National Preventive Mechanism
of operations. However, after half a year the situation remained unchanged.
Out of the eleven persons living there, five were entitled to care and nursing
allowance level 5. They were no longer independently mobile and required
nursing care during the night. Four residents with restricted mobility were
entitled to care and nursing allowance level 4. The building was not barrierfree and nursing staff was not always in situ. During the second commission
visit, one resident was in an extremely critical situation and constantly calling
out for help. The NPM made it clear that it would not tacitly tolerate amateur
nursing care. Four weeks after the second commission visit, the residents
with the highest nursing care needs were transferred, administrative penalty
proceedings were initiated against the operator and the official closure of the
illegally operated nursing facility was ordered.
The situation was
known to the
authorities and the
court
In Tyrol Commission 1 encountered ten elderly men who were mentally ill
and/or disabled. They were living in an isolated two-storey residential situated
on an extremely steep hillside, with the consent of their legal guardians. The
double rooms were furnished in a Spartan manner and none of the men had
a key to his own room or the building. The structure was not barrier-free.
Mobile phones were prohibited in the facility, and contact with the outside
was not encouraged. Confidential discussions between the residents and the
Commission were ended by the owner of the house after a short period of time.
In most cases the men had already been receiving care for a number of years
(and in some cases for decades) from the owner of the house, now aged 70,
her spouse and her daughter-in-law. However, none of these had completed
training in nursing or any other qualification in dealing with psychiatric
patients. There was no doubt for Commission 1 from the documents consulted
that various authorities and the Guardianship Court were aware that former
psychotropic patients were being housed here.
The NPM saw a need for action also in this case. Other accommodation options
were sought out, in coordination with the legal guardians of the residents, the
regional hospital and the competent district authority. Suitable places have
already been found for some residents.
In Upper Austria, Commission 2 found three women and four men suffering
from mental illness in an isolated residential building which could not be
reached by public transport. Care was being provided to the residents aged
between 56 and 79 by a woman aged 69 and her son, who jointly owned the
house. The son distributed psychotropic drugs and provided support in relation
to bodily care. However, neither he nor his mother, who cooked and carried
out basic cleaning, had received any nursing training. The three women
were forced to share a very small room. As there was not enough space for a
wardrobe, this was contained in the men’s room. There was only one shower for
everybody, which could only be reached through the room of a male resident.
Except for their clothing, nobody had any personal effects. The commission
observed how the persons needing care were provided with food on plastic
112
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