measures that are suitable for the prevention of violence and
aggression and that can have a de-escalating effect in already
existing violent situations. Dementia patients are increasingly likely to
be subject to measures that restrict freedom. Behavioural
abnormalities, such as physically and verbally aggressive behaviour
and constant restlessness, are experienced by the people in their
environment not just as challenging but as a hardship. It is well known
from studies, but also from commissions’ reports that psychiatric drugs
are misused in nursing homes to confront these stressful situations
and sometimes to “tranquilise” the residents (see also Chapter 2.1.2.3).
In the opinion of the NPM, training regarding prevention of falls and
dealing with behavioural abnormalities, as well as specific care
concepts for dementia patients, are essential approaches in order to
prevent measures that restrict freedom.
Ten years after the Nursing and Residential Homes Residence Act
(Heimaufenthaltsgesetz) came into force, many facilities and
institutions are aware that use of milder measures makes it possible
to forego mechanical restraints. There are now alternatives such as
sensor floor mats, low-profile beds and hip protectors. Sensitivity on
the part of staff regarding interference with the right to personal
freedom is growing if they are trained in custodial interventions such
as validation and biography work. This training is also important with
regard to documenting measures that restrict freedom transparently
and comprehensibly, to evaluate them on an ongoing basis and to
properly notify the representative(s) of the residents. Facilities and
institutions that had deficits were urged by the NPM to make
appropriate purchases or to improve decision-making capabilities and
alternatives on the part of nursing staff by providing instruction on the
enforcement of the Nursing and Residential Homes Residence Act. In
some serious cases, in which there were systematic violations, the
facilities and institutions were requested to promptly contact the
representative(s) of the residents and to then notify the NPM that the
unresolved problem areas had been dealt with.
Alternatives to
mechanical restraints
In 2015, there were numerous situations that gave rise to complaints
by the commissions. Notification violations vis-à-vis representatives of
the residents were frequently criticised. But the commissions also
endeavoured to improve specific conditions. For example,
Commissions 2 and 6 noticed that in some facilities outdated beds
were being used that no longer correspond to health care science and
made it easy for limbs to being pinched or trapped. Sensor floor mats
were purchased in a facility that does not yet have low-profile beds;
however, they were only three to four centimetres thick so that the
height of the fall from the nursing home beds was still too great. In
another facility, during a visit by a commission a sensor floor mat was
not at the edge of the nursing home bed, but was leaning against the
wall, although the nursing staff had recognised and documented the
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