which is the result of a mental disorder (e.g. psychomotor agitation), and there is no other way to prevent the risk of falling. In this case, a column including the measures that were implemented before the introduction of special protection measures should be added to the form in order to prevent the need to use special protection measures. The NPM proposed that Danica Vogrinec Retirement Home establish and keep a uniform record on the implementation of special protection measures which clearly states the reasons for the introduction, duration and implementation of special protection measures. The NPM recommended that Tolmin Unit with the help of a resident psychiatrist assess whether residents requiring protection in a wheelchair or lounger are capable of releasing the belt or the wheelchair lock, or clearly communicate if they wish to leave the wheelchair or not. If they are incapable, we recommend that the unit observe the provisions for the use of special protection measures as stipulated by the ZDZdr. The management of Podbrdo Retirement Home explained that a record of protection measures for fixation straps and bed rails was kept. The use of the above measures is prescribed by the doctor with an entry in the medical record. Fixation straps are seldom used. The NPM recommended that the use of a protection measure in the Jurišinci Unit should always be recorded on a special form or in a report book together with other events and findings. Ptuj Retirement Home particularly highlighted in its reply to the preliminary report that they agreed with the findings of the preliminary report, and they would observe the proposals when planning improvements and implementing services in the future. The NPM informed the Jurišinci Unit that restricting an individual on a lounger or wheelchair to prevent them leaving independently actually constitutes the use of special protection measures. The NPM recommended that when such measures are used, the Jurišinci Unit observe the ZDZdr regarding the conditions for the use of special protection measures, time limits on applying the measure, request to keep records and inform relevant persons. Ptuj Retirement Home particularly highlighted in its reply to the preliminary report that they agreed with the findings of the preliminary report, and they would observe the proposals when planning improvements and implementing services in the future. The NPM recommended that, in the case of a restless resident who disturbs other residents in the ward, Kranj Retirement Home seek solutions which are not restrictive for others. We thus proposed that one of the possibilities provided by Article 29 of the ZDZdr (special protection measures) is used as a last resort for a resident who is agitated to the degree that their behaviour is dangerous or (may) become a danger to themselves or others. In their reply to the preliminary report, the management of the home expressed gratitude for fair treatment and for the NPM’s findings and proposals, which they stated would be fully observed. The NPM recommended to Kranj Retirement Home that, when a wheelchair is locked to facilitate the resident’s participation in the activities or when eating a meal, a member of the staff should always be present next to the resident and they should immediately unlock the wheelchair at the resident’s explicit request, expressed verbally or by means of conclusive actions. Otherwise, this is an example of using special protection measures for physical restriction, which is permitted only when meeting the conditions of, and according to the procedure determined by, the ZDZdr. In their reply to the preliminary report, the management of the home expressed gratitude for fair treatment and for the NPM’s findings and proposals, which they stated would be fully observed. IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 49

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