50
A review of the use-of-force records showed that
most of the decisions to use force at Sole concerned
limiting the detainees’ freedom of movement outside
the institution. In practice, this type of decision is a
deprivation of liberty and a highly invasive measure.
International guidelines underline that depriving
adolescents and children of their liberty shall take
place as a last resort and for as short a period as
possible. This type of measure is only to be used in
exceptional circumstances.
Research has documented a high incidence of mental
illness in children at child welfare institutions and in
foster homes. Good cooperation between the child
welfare service and child and adolescent psychiatry
services is important to ensure that children receive
the help they need. At the time of the visit, Sole stated
that it was preparing an agreement with the child and
adolescent psychiatry service, but that it did not have
an agreement in place at that time.
After the visit
The visit report was published in February 2017,
and the Parliamentary Ombudsman has asked to
be informed about the follow-up of the report's
recommendations in June 2017.
The child welfare service's emergency
institution for young people
6-8 December 2016
The child welfare service's emergency institution
for young people is a municipal child welfare
institution, organised under the head of the child
welfare department in the City of Oslo. The institution
receives adolescents aged between 12 and 18, and is
approved to accommodate eight adolescents under
the Norwegian Child Welfare Act Sections 4-4 sixth
paragraph, 4-6 first and second paragraphs, 4-12, 4-24
first and second paragraphs, 4-25 and 4-26.
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
Main findings
The institution has two units, one open and one shielding unit. During the visit, the NPM focused in particular
on the conditions at the shielding unit. Adolescents
were only placed in the shielding unit under Sections
4-24, 4-25 and 4-26 of the Child Welfare Act when they
had an administrative decision limiting their freedom
of movement. The outer doors of the shielding unit
were locked and adolescents have to be accompanied
by adults outside the institution and, in some cases,
also inside the institution. In practice, the conditions
in the shielding unit constitute a deprivation of liberty.
In general, the institution appeared to have a pleasant
design. The admission rooms in the shielding unit
were however bare and unpleasant, and not conducive
to a good first impression of the institution. Well-designed physical surroundings for the adolescents,
including the admission rooms, are an important
prevention measure. When the NPM came back to the
institution for the final meeting with the management,
the institution had implemented measures to make
one of the admissions rooms more welcoming.
The institution appears to have some good practices
in place for addressing the adolescents’ rights on
admission and during their stay there. However,
findings showed that the institution could have clearer
procedures and guidelines in place to reduce the risk
of the adolescents being subjected to degrading
treatment.
Body searches, in particular involving full removal
of clothing, is an invasive measure and can result
in human rights violations. Findings during the visit
indicated that the institution did not have a clear
procedure for how staff should proceed in instances
where the removal of clothing is considered necessary during a body search. National guidelines do not
provide any concrete instructions on how a body
search is to be carried out in practice to ensure it is
as considerate as possible.
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