Psychiatric institution (closed) - Accommodation

People suffering from a serious mental illness may be forcibly committed to a closed psychiatric institution if they pose a present significant danger to themselves or others and this danger cannot be averted in any other way.

For ethical, medical and legal reasons, efforts are made to prevent the use of coercion as far as possible and to avoid it whenever possible. If this is not possible without endangering the life and limb of the person concerned or third parties,  the coercive measure must be designed to be as gentle and safe as possible. Those affected must not be unnecessarily burdened and traumatised.

The same applies to the treatment with medication, which is often accompanied by an accommodation measure . Since this can be particularly shocking and sometimes traumatizing, it is only used to the extent and as long as it is absolutely necessary and there is no possibility of remedying danger to oneself or others in any other way.

Any placement measure must be reviewed by a judge within 24 hours at the latest. For this purpose, the detained person must be heard personally by a judge.  The treating physicians must submit a psychiatric expert report on the reason and the required duration of the measure. In order to exercise his or her rights, the court appoints a guardian of proceedings ex officio to the person detained. Legal recourse is open against placement orders of the court.

In urgent cases, the local police authorities are responsible.

The ordering of a placement measure is regulated in the Hessian Act on Assistance with Mental Illnesses and in §§ 70 et seq. of the Act on Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG).