The Ombudsman commends the Constitutional Court’s decision, which will enable better (legal) protection of persons declared legally incapable, while eliminating concern that such persons would be at the mercy of representatives, and also by means of judicial supervision reducing the possibility of abuse in this field. This decision of the Constitutional Court refers only to the (legal) regulation of admitting persons declared legally incapable, i.e. to a secure ward of a social care institution. Therefore, the decision in itself does not amend or does not (and should not) affect the consideration of each individual person admitted to the secure ward of a social care institution. In our opinion, the decision on potential day-to-day releases of persons accommodated on secure wards can be based primarily on the risk assessment or the assessment of the need for protection (risks) and care in individual cases, but not perhaps on the legal regulation determining the admission of a person. The ZDZdr does not separate persons with regard to the method of admission when regulating the rights of persons on secure wards. 2.3 RESTRICTION OF PERSONAL LIBERTY 2.3.7 M  inors in residential treatment institutions and special education institutions Minors are admitted to residential treatment institutions on the basis of decisions of social work centres, court decisions (as educational measures) and also on the basis of placement decisions concerning educational programmes in certain institutions. Ten institutions operate within the scope of the Ministry of Education, Science and Sport (MIZŠ): Maribor Youth Home, Jarše Youth Home, Kranj Residential Treatment Institution, Malči Belič Youth Care Centre, Fran Milčinski Smlednik Educational Institution, Slivnica pri Mariboru Residential Treatment Institution, Višnja Gora Educational Institution, Planina Residential Treatment Institution, Logatec Education and Training Institution, and Veržej Primary School – Dom Unit. One institution (Črna na Koroškem Special Education, Work and Care Centre) works within the framework of the Ministry of Labour, Family, Social Affairs and Equal Opportunities. (Only) six institutions accept children and adolescents on the basis of court decisions (as an educational measure): Slivnica pri Mariboru Residential Treatment Institution, Višnja Gora Educational Institution, Planina Residential Treatment Institution, Logatec Education and Training Institution, Veržej Primary School – Dom Unit and Črna na Koroškem Special Education, Work and Care Centre, which accepts only adolescents with moderate, serious and severe mental disorders whose admission was ordered by a court decision. This institution implements a special education and training programme, and adolescents require a decision to be placed there. This is now emphasised (after amending the ZIKS-1F) by paragraph two of Article 199 of the ZIKS-1. In 2015, the Ombudsman continued to visit residential treatment institutions while implementing the duties and powers of the National Preventive Mechanism (more is provided on this subject in a special report); otherwise, only two matters were considered in this field. One matter involved a complaint made by the General Police Administration with regard to the preparation of the draft of the new instructions on implementing procedures involving juveniles in the implementation of educational and protective measures. We commended the preparation of these instructions as an important regulation, and also assured our collaboration in its further preparation. In the second complaint, we were informed about the responses of the Slivnica pri Mariboru Residential Treatment Institution with regard to an anonymous complaint that was considered by the Inspectorate of the Republic of Slovenia for Education and Sport. institutions, whereby the text of the act should be coordinated with all ministries directly or indirectly responsible for making decisions on the admission of children and adolescents to residential treatment institutions, still has not been realised (recommendation no. 34). Additionally, we pointed out in last year’s annual report that it was necessary to determine which children and adolescents are involved: children and adolescents with mental and physical disorders or children and adolescents with special needs. In Slovenia, we have been dealing for decades with issues related to insufficient and frequently completely absent paedo-psychiatric assistance to vulnerable children and adolescents and problems with their placement in (in)appropriate institutions. Children’s and adolescents’ aggressive behaviour in residential treatment institutions and other institutions is a very big problem, since it is occurring more frequently and is seriously endangering children and adolescents, as well as their environment. The Ombudsman informed the Ministry of Education, Science and Sport about this issue at a meeting on 1 July 2015. However, the assurance given by the Ministry of Education, Science and Sport that amendments to the Placement of Children with Special Needs Act would be prepared enabling the adoption of an executive act specifically defining the roles of individual institutions in the admission and discharge of children in residential treatment institutions and work in residential treatment institutions has not yet been fulfilled yet, although such an executive act was already in preparation in collaboration with residential treatment institutions. It is of some concern that no comprehensive regulation of the placement of children in residential treatment institutions has been prepared, although several similar proposals were sent to the Ministry of Labour, Family and Social Affairs. As confirmed by the Ministry of Education, Science and Sport, there are still problems with placing (especially) children with behavioural problems (also mental disorders) and children who are aggressive and who abuse drugs and alcohol, and therefore, it is urgent that institutions develop new forms of work or programmes and apply best practices from abroad. Along with the establishment of a paedo-psychiatric institution, health-care activity at individual residential treatment institutions is needed to help children who need such treatment. It is also necessary to activate an interministerial cooperation system to seek solutions that will enable the comprehensive treatment of children. The Ombudsman has pointed out for several years that the treatment of children and adolescents with mental health and similar hetero-aggressive behavioural problems is not merely a pedagogical problem. Too often these children and adolescents are not admitted or are excluded from institutions or schools, or are admitted to secure wards of psychiatric institutions together with adult patients. The Ombudsman welcomes the innovation and opening of an intensive unit enabled by the Ministry of Education, Science and Sport based on the written support of the Ministry of Health, the Ministry of Labour, Family and Social Affairs and the incentive of the Ombudsman at Planina Residential Treatment Institution. The innovation defines a model for the comprehensive treatment of children and adolescents which is implemented in their living environment and enables them to have regular schooling during continuous health and pedagogical care. Five children and adolescents can be included in the innovative programme, which is entitled ‘The introduction of a comprehensive pedagogical and scientific model for the treatment of children and adolescents with mental disorders and accompanied uncontrollable aggressive and violent behaviour’; the programme is monitored by the National Education Institute of the Republic of Slovenia. Medical staff (psychiatrist, nurses) and pedagogical staff care for the group of five children and adolescents. Based on additional training, they act according to guidelines that are determined for the treatment of children with the described behavioural problems. Children and adolescents have the opportunity to receive comprehensive treatment in their living environment. The Ombudsman believes that in addition to other features of residential treatment institutions, the field of preventing and supervising the use of illicit drugs should also be regulated, including the competences of the inspection services (e.g. Inspectorate of the Republic of Slovenia for Education and Sport, social inspection services) regarding the placement and accommodation of adolescents in institutions. The deadline for preparing individualised programmes according to which the education and correction of an individual take place must be uniform. Unfortunately, we established that the Ombudsman’s recommendation for the adoption of a special act to comprehensively regulate the organisation, operation and other special features of residential treatment The Ombudsman also points to a substantive aspect of an educational programme which is insufficient with respect to work with juvenile offenders. 56 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 57 2.3 RESTRICTION OF PERSONAL LIBERTY legally incapable. It also nullified the third sentence of paragraph three of Article 74 of this Act, i.e. the provision that only the legal representative of a person in a secure ward may at any time revoke the consent or demand that the person be discharged from the ward. The Constitutional Court also determined the method for ensuring judicial control of the deprivation of liberty for persons declared legally incapable, i.e. until a different regulation is adopted or until the Constitutional Court decision enters into force, and the Court also determined the actions of social care institutions for all current cases of persons declared legally incapable and admitted to secure wards on the basis of the current regulations.