In a fundamental decision in September 2014, the Supreme Court
confirmed this opinion and set out that even attaching a four-point
restraint serves to make medical or nursing measures possible and
therefore, any restraint that precedes these measures is part of
psychiatric health and nursing care. Therefore, private security
companies are neither entitled nor authorised to participate in
attaching restraints, even on the orders of the attending nursing staff.
If this occurs nevertheless, the coercive measures are inadmissible
and result in consequences for the operators of the medical facilities
under liability law, because the operators are responsible for the
conduct of the security staff of private companies. In October 2014, the
Supreme Court stated in a judgement that activities requiring close
proximity to the body, such as holding on to them to prevent them
from leaving a ward, may not be carried out by security staff. These
decisions confirm misgivings that the NPM already set out in 2013.
Confirmation by the
Supreme Court
Therefore the NPM strongly advocates that private security companies
no longer be utilised for care measures in psychiatric medical facilities.
Patient advocates under the Hospitalisation of Mentally Ill Persons Act
and representatives of residents under the Nursing and Residential
Homes Residence Act will have to increasingly pay attention to this
issue.
Operators of hospitals
unresponsive
As the affected hospital operators showed little willingness to
undertake structural changes prior to these court decisions, the NPM
will again approach the Laender in question. It must always be noted
that the absence of participation by private security companies in care
measures may not result in increased use of measures that restrict
freedom. Therefore, organisational arrangements and personnel
schedule planning are required, which can optimise and boost
resources. Persons working in psychiatric institutions and facilities
must find conditions that enable them to carry out their responsibilities
in conformance with human rights without risking their own safety.
��
Inclusion and participation of private security staff in patient care is inadmissible and may
not occur.
Concomitant arrangements are necessary to maintain patients’ personal rights and to
enable measures to ensure staff safety.
2.2.2.4 Child and adolescent psychiatry in Austria –
shortage in the training of specialists
In the report on “Outpatient Psychosocial Care of Children and
Adolescents” by the national research and planning institute for health
care Gesundheit Österreich GmbH reference is made to the result of
epidemiological studies on child and adolescent psychiatry, setting
forth that an average prevalence rate of children and adolescents
needing psychiatric care of 17.5% can be assumed. This means that
46
High number of children
and adolescents
needing treatment
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