48
npm annual report 2016 /observations and recommendations
• When children arrive in the unit, they are asked to strip, and a decision on a physical examination is made on this procedure. As this practice was discussed with
the home, it was noted that asking a child to strip is a bodily search, not a physical
examination referred to in the Child Welfare Act. On the other hand, the Child
Welfare Act provision on bodily search does not give a right to strip the child.
The Deputy-Ombudsman proposed to the Ministry of Social Affairs
and Health that the Ministry assess whether the provision on bodily
search should be reviewed, at least in the case of young people
who are the most demanding to care for.
• Recording CCTV system was installed at the unit’s entrances. The unit’s staff or
the children placed in the unit were not aware of being recorded, even if a notice
stating this was attached to the building’s door.
The Deputy-Ombudsman noted that the residents and employees
of the unit, and possibly also outsiders, should be adequately informed of the recording CCTV system.
Comment:
The unit’s director reported that, in order to increase awareness, the
issue would be discussed at future meetings with employees and customers.
• The children could only use their phones during a limited call time. If their phone
calls are restricted during this period, a decision on restricting contact is made.
The Deputy-Ombudsman noted that if a child’s right to use a telephone to keep in touch is restricted for reasons other than those
related to their upbringing, a decision on restricting contact should
be made, at least if this is demanded by the interested party.
•
The Deputy-Ombudsman pointed out that a decision to restrict a child’s freedom of movement or a decision on special care may not be used to also restrict
a child’s contacts. A separate decision that can be appealed should be made on
restricting contacts.
•
The Deputy-Ombudsman launched an own-initiative investigation of how a
child’s basic education is organised when he or she is subjected to restrictive
measures.
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