CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM As a result of the inspection, the Chancellor made recommendations and proposals to the director of Kaagvere Special School and the Minister of Education and Research, and also sent the summary of the inspection visit to the Minister of Justice and the Riigikogu cultural affairs committee for taking note of. The director of Kaagvere Special School thanked the Chancellor of Justice for the recommendations and proposals and said that the Chancellor’s opinions had been introduced to all the school staff and pupils, and together the best solutions for complying with the recommendations were discussed. According to the director, a written alternative plan would be drawn up on how to resolve the incidents endangering the life and health of the children or staff without secluding the child who poses the danger. The director explained that in the future making of telephone calls would be organised according to a schedule, so that each pupil is ensured 20 minutes private time twice a week for communicating by phone with their parents and persons close to them. The children who do not have a personal mobile phone would be able to use regularly the school mobile phone for this. The relevant specifications on the organisation of telephone communication would be introduced as amendments to the internal rules of the school. The director of the school agreed with the Chancellor that the current legislation does not establish the right of the staff of special schools to search pupils. According to the director, in the future the assistance of the police would be asked in case of a reasonable suspicion that a pupil is trying to bring prohibited substances or items to the school. The Minister of Education and Research also thanked the Chancellor of Justice for the recommendations and proposals and provided an overview of the Ministry’s different steps for improving the organisation of activities of special schools. Inter alia, the Minister promised that in 2011 the new draft Juvenile Sanctions Act would be drawn up. 66

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