ongoing access to drinking water without requiring the detained individual
to have to ask for it or already stretched staff to provide it on request.
■ O
utdoor yards should be made more accommodating and contain, as
a minimum, somewhere for the patient to sit down, and ideally also
stationary exercise equipment.
■ T
he Ministry should consider the introduction of ‘Minimum Entitlements’
for patients in a seclusion unit, including exercise time, access to a shower,
a telephone, and family visits, similar to those issued by the Department
of Corrections.51 This would enhance consistency throughout the system
and, importantly, it would help to ensure that secluded individuals are able
to access basic provisions which may also help to mitigate the harms of
seclusion.
■ C
onsideration should also be given to the amendment of sections 7.1
and 7.2 of the Ministry’s Seclusion Guidelines52 which may result in the
unintended consequence of prolonging stays in seclusion and reducing
time out of room. The requirement in Section 7.1 for three clinicians
to authorise the termination of seclusion may lead to a delay in such
termination due to lack of appropriate staff, whereas the stipulation in
section 7.2 that where the patient has been out of seclusion for longer
than an hour their seclusion would be deemed to have ended, may
inadvertently lead to staff reluctance to allow secluded patients spend
longer than an hour outside their rooms, because doing so would trigger a
new seclusion event with its associated paperwork. Fresh air, exercise and
engagement with staff are key elements in mitigating the adverse effects
of solitary confinement and as such should be encouraged, for as long as
possible. The guidelines should reiterate that this is the case.
■ M
ore work should be carried out to better understand the variation in
practice between the different DHBs.
51 Department of Corrections, Prison Operations Manual, section F.O1 Minimum Entitlements.
http://www.corrections.govt.nz/resources/policy_and_legislation/Prison-Operations-Manual/Prisonerfinance-activities/F.html
52 Ministry of Health. 2010. Seclusion under the Mental Health (Compulsory Assessment and Treatment)
Act 1992. Wellington: Ministry of Health. February 2010. The Guidelines stipulate that:
7.1 If the goals for seclusion have been achieved, a decision to end seclusion should be taken by two
suitably qualified clinicians, in agreement with the responsible clinician. If the decision is made to
end seclusion after hours, the delegated authority must be notified at an appropriate time.
7.2 Each episode of seclusion is deemed to have ended if the patient leaves the conditions of seclusion
without expectation of return, and in any case, is deemed to have ended if the patient has
been out of seclusion for more than one hour. The purpose of this is to allow a short period of
evaluation out of seclusion.
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