Working Methods
We do not generally inform the places we visit
about the dates of the scheduled visit. Normally,
the institution is notified that a visit will take place
within a period of two to twelve months. This
enables us to gather information from several
sources before the visit. Key sources in this phase
include documents from the place to be visited,
the supervisory authorities, official authorities and
other relevant bodies. We also inform our Advisory
Committee and request information from mem
bers of the committee if relevant. The Ombudsman
has the right to access all necessary information
that is relevant to the conditions of people deprived
of their liberty. This can include administrative
decisions, patient and other relevant records,
statistics and internal documents on operations.
In some cases, our visits are completely unan
nounced. These are visits to places where the
advantage of arriving unannounced is assumed
to be greater than the advantage of being able
to collect information ahead of the visit. In other
cases, there are circumstances that indicate we
should give advance notice.
In the autumn of 2020, we chose to notify the
places of the date we intended to visit, one to two
weeks in advance. The reason was the strain the
ongoing pandemic put on the staffing situation at
the places we visited. There was a need for adaption
to enable us to carry out the visits in a safe manner
with infection control measures in mind. Another
important reason was that that these visits were
to places for persons with cognitive challenges
(dementia and intellectual disabilities) who might
need to be prepared for our visit in order to feel safe
talking to us. This method will be evaluated after the
initial visits to care homes and housing facilities for
persons with intellectual disabilities.
13
Interviews with people deprived of their liberty
During the NPM’s visits, the conditions at the
institution are examined through own observations,
interviews and a review of documentation. We take
photographs to document physical conditions,
information posters and equipment.
The NPM’s priority is always to conduct private in��
terviews with the persons who have been deprived
of their liberty. These interviews are a particularly
important source of information, as the persons
deprived of their liberty have first-hand knowledge
of the conditions in the place in question. They are
in a particularly vulnerable situation and have a
special right to protection. Interpreters and other
necessary adjustments are used as required. Inter
views are also conducted with the staff, manage
ment, health service and other relevant parties.
In 2020 we have developed new methods that
involve systematic collection of information from
the next of kin of those who have been deprived of
their liberty. In some cases, those who have been
deprived of their liberty will not be able to provide
us with information about their situation. In such
situations, family members and guardians can
be important additional sources of information
about the conditions at the place in question. In
our experience thus far, systematic contact with
families and guardians provides extensive and
valuable information.
All findings are published
When the visit is concluded, a report is written to
descibe any uncovered risk factors. In this phase,
further documentation is frequently obtained to
supplement sources already consulted. This often
includes routines and procedures, local guidelines,
administrative decisions on the use of coercion,
logs, plans and health documentation.
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