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Cases concluded in 2018 in relation to
monitoring activities
Nine cases were opened by the Ombudsman
on his own initiative (three of which in direct
continuation of monitoring visits). Two of the
cases resulted in criticism and informal recommendations, respectively.
Selected investigations
Conditions to be improved for 15- to 17-yearold inmates in local and state prisons: Based
on monitoring visits to two local prisons, the
Ombudsman raised a number of questions
regarding the treatment of inmates aged 15
to 17 years. The authorities provided information about new initiatives aimed at improving
conditions for young people detained in local
and state prisons. For instance, the authorities intended to introduce rules to ensure that
young people serving time are offered schooling
which bears comparison with that provided by
primary and lower secondary schools. (News
story published on 4 July 2018).
A boy was illegally monitored in an accommodation facility: An accommodation facility
had, among other things, taken screenshots of
the mobile phone of a boy placed in the facility,
written down his conversations with his former
foster family and forwarded the information to
the municipality. No decision had been made by
the municipality’s committee for children and
young people that the boy’s communication was
to be monitored. The Ombudsman criticised
the illegal monitoring of the boy’s communication and notified Parliament’s Legal Affairs
Committee, the Minister for Children and Social
Affairs and the municipal council of the case.
(Case No. 2018-26 and news story published on
5 July 2018).
Children and young people placed in care
outside their home are entitled to be taught
in a school: Placement facilities without an inhouse school are not permitted to provide the
schooling for children and young people placed
in care. Instead, these children and young people must be taught in, for instance, an in-house
school of another facility or a primary and lower
secondary school, possibly in a special needs
class or school. This was the Ombudsman’s
conclusion following an investigation based on
the schooling of a 14-year-old. On that basis,
the Ministry of Education would send a letter
to all municipalities about schooling in daytime
care facilities and placement facilities without
in-house schools. (News story published on
4 October 2018).
Rejected asylum children in Departure Centre
Sjælsmark living under difficult conditions:
Following two unannounced monitoring visits,
the Ombudsman concluded that the conditions
for children in Departure Centre Sjælsmark
were liable to make their childhood substantially more difficult and to restrict their possibilities
of a natural development and self-realisation
considerably. At the same time, it was the
Ombudsman’s assessment that their conditions
could not generally be presumed to violate
international conventions, including the UN
Convention on the Rights of the Child. (Case
No. 2018-39 and news stories published on
20 December 2018 and 8 January 2019).
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