Annual Report 2015
Forensic psychiatric centres
Contraband
The Inspectorate VenJ examined the risks related to contraband being smuggled
into TBS24 clinics and what the clinics are doing to prevent this. The Inspectorate
VenJ concluded that five of the seven clinics investigated had an insufficient
understanding of the risks related to the smuggling, by unescorted TBS detainees in
psychiatric care, of contraband containing metal. In a number of cases these
patients were not checked at the entrance or they were able to pass contraband on
before they were checked. The Inspectorate refers to the failure to identify this as "a
serious point for attention", but at the same time acknowledges that TBS clinics
have since dealt with the situation adequately. The Inspectorate VenJ wants TBS
clinics to do more to prevent drugs from being smuggled into the clinics. The State
Secretary of Security and Justice concurs with this recommendation and has stated
that he will have drawn up an action plan to improve security before 1 January
2016, or so he wrote to the House of Representatives in his response to the
"Contraband in Forensic Psychiatric Centres" report of the Inspectorate VenJ.
Leave practice in forensic psychiatric centres case review
It was found in late February 2015 that a forensic psychiatric centre, in
implementing an authorisation for patient leave, granted the patient more freedom
than was permitted under that authorisation. The authorisation permitted the
patient to visit their family for one day. However, the centre also allowed the patient
to stay the night with family, while the unescorted leave authorisation did not
permit overnight stays. The Inspectorate VenJ investigated the circumstances of this
incident. It also investigated whether the incident was an isolated case or an
example of a more widespread practice.
Insufficient opposing views were brought in because of changes in the organisation
and the choice to keep this case in the portfolio of a director due to its complexity.
The opposing views voiced by the administrative department and the legal expert
were at some point ignored. The Inspectorate VenJ deems the lack of an opposing
view and of objective process monitoring to be contrary to the principle of due care.
The position of the centre became more complex over time. On the one hand, it was
implementing a rehabilitation policy based on the agreements with the Ministry of
Security and Justice laid down in a 2001 memorandum and the judgments of
various courts of justice, but on the other hand, the Ministry of Security and Justice
repeatedly refused to grant authorisation for leave applied for under that same
rehabilitation policy. This resulted in the course of action deemed best for the
patient by the centre in view of the treatment and the July 2001 memorandum
being at odds with what was officially authorised by the Ministry, causing a deadlock
that influenced the decision made in the present case.
The Inspectorate VenJ therefore concludes its investigation by finding that the
forensic psychiatric centre held to too broad and erroneous an interpretation of the
unescorted leave authorisation granted. A lack of opposing views brought in in this
24
If someone is placed under a hospital order (TBS) with compulsory treatment, that person is admitted to a
so-called TBS clinic.
14
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