CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM It should also be considered good practice that institutions draw up (and issue to clients) information (on the internal rules of the institution, the rights of persons and restrictions applied to them, daily programme, etc) in a simplified form and wording conforming to the person’s ability to understand, and as pictograms, to ensure understanding of the relevant information by the service recipients (including, for example, persons with mental retardation or speech impairment). In addition, a service provider should inform a person’s legal representative about all the important events which occur with the person receiving the service in the social welfare institution, for example, placement of the person in a seclusion room. Under § 202(7) of the Social Welfare Act, if the person has a legal representative the service provider shall notify the representative of the seclusion of the person. Notifying a person’s legal representative about seclusion is necessary to ensure that the representative is aware of the decisions restricting the person’s rights and freedoms. The legal representative can later assess whether the person’s rights and interests were sufficiently observed upon seclusion and, if necessary, take measures for protecting the rights of the person. The law does not establish how and when such notification should take place. This may happen both orally (e.g. by telephone) or in writing (e.g. electronically or by letter). In essence the manner of notification is not important. However, it should be stressed that, if necessary, a service provider should be able to prove (e.g. during supervision) that the notification took place. As concerns the time of notification, it should be said that the legal representative should be notified at the first opportunity. It is recommended that the information concerning the fact of notification, its time, manner and the person notified be recorded in writing. This can be done, for example, in the form of a note added to the written report on seclusion, register for recording incidents of seclusion, or in a person’s file. Recording the information is necessary, so as to be able to ascertain later whether, how, when and by whom the person’s legal representative was notified about seclusion. Under § 1131(1) clauses 7 and 8 of the Social Welfare Act, a service provider must also notify the person and their legal representative about the circumstances concerning the provision of the service: arrival of the date of the termination of the provision of the service, the need for the continuation of the receipt of the service, as well as of a doubt that the service provided to the person does not correspond to the person’s needs, and of the intention to terminate the provision of the service prematurely. The aim of the notification is to prevent a situation where the person or their legal representative forgets the date of termination of the service and has not applied for a new referral to the service. In conclusion, it should be emphasised that a legal representative as a person’s guardian has the right and duty to take care of the person and their property and, therefore, the representative should be informed of all the important events in the life of the person during their stay in a social welfare institution. The representative should also have an overview of the services provided to the person under their guardianship. In ensuring this, an important role is played by both the service provider who should fulfil the duty of notification as well as the by the legal representative who should protect the property and personal rights and interests of the person under their guardianship. 10. The rights of clients to the inviolability of family life It was found during the training that many social welfare institutions have clients who wish to live in the same room with their spouse who is also a client. The participants asked whether a social welfare institution is required to grant this request. Under § 26 of the Constitution, everyone has the right to the inviolability of family life. The scope of protection of family life includes different aspects of family relationships, primarily the right to live together in order to satisfy each other’s emotional and social needs.19 Under § 32(1) of the Social Welfare Act, a person’s wishes should be taken into account in the provision of social services. According to the Minister of Social Affairs Regulation No 58 of 30 June 2009 “Health protection requirements for special care services and the seclusion room”, § 6(1), up to two persons of the same sex receiving a special care service may live in one bedroom in a social welfare institution, and service recipients of the opposite sex may be placed in the same bedroom only if the persons themselves have expressed a wish for this in writing. 19 U. Lõhmus. Kommentaarid §-le 26. – Kirjastus Juura. Eesti Vabariigi Põhiseadus. Kommenteeritud väljaanne. [Comments on § 26. Constitution of the Republic of Estonia. Commented Edition] Tallinn 2008, § 26 comment 7. 19