Report of the CHR on the Activities of the National Preventive Mechanism in Poland The concerns above may be illustrated by a situation revealed by the representatives of the Mechanism in the SCC in Darskowo. During their visit, one of the establishment’s incapacitated residents, whose legal guardian was the centre’s director, provided information on the number of purchases made at his request by the guardian. Having analysed bills of the purchases, it was concluded that the resident, through his legal guardian, purchased massage rehabilitation equipment that is part of a rehabilitation room’s equipment. The resident did not know about it. After analysing other bills kept in the resident’s files, it was also revealed that the man spent PLN 2 319.29 in total to acquire construction materials which were used to complete bathroom renovation in his room. After being asked to explain the purchases, the centre’s director informed the representatives of the NPM that they were made at the request of the resident. She also added that, despite the contribution made to improve living conditions, it cannot be guaranteed that he will stay in the renovated room as long as he lives. The employees of the OCHR take the view that the situation described is an example of grossly egregious action of the legal guardian protecting the interests of the institution in which she is employed, rather than acting in the interest and for the benefit of her charge. The representatives of the NPM recognise that an establishment’s director is often in a difficult situation, particularly when a court, which has to rule on the appointment of a guardian for an incapacitated person, requests to designate that guardian from among SCC employees. In accordance with the NPM, when the centre’s employee is appointed a guardian, the establishment’s director should control how he/she fulfils the entrusted task; however, when a SCC director is appointed a guardian, it would be appropriate that a court performs an in-depth control in this regard. 3) Lack of centres for persons with alcohol problems As in previous years, the representatives of the NPM revealed problems in the functioning of SCCs caused by residents who abuse alcohol or drink hazardously120. Their behaviour not only disturbs order and disorganises life in the centre, but also distorts interpersonal relationships, causes conflicts and discomfort of residents and employees. Their aggression is a threat to other residents and primarily female personnel121. Under the amendment of 22 February 2013 to Article 56 of the Act of 12 March 2004 on social assistance122, item 7, which stipulated a new type of a centre for persons addicted to alcohol, was inserted. In turn, Article 59(6) and (7) of the Act on social assistance provided for a mode of referring to and a maximum duration of stay in such a centre. To date, however, implementing provisions, which would clarify basic issues related to the functioning SCCs in: Jaromin, Września, Tolkmicko, Ostrowiec Świętokrzyski, Wrocław, Jarogniewice, Giżycko, Śrem. In the SCC in Września, a resident with alcohol abuse history beat a nurse in 2015. Dz.U. of 2015, item 163, as amended. 120 121 122 50