SUMMARIES OF SELECTED STATEMENTS
had been intended to allow a day-care facility such as the special nursery school
involved to be set up according to the Day-Care Facilities Act.
Due to the ambiguities in the legislation, the Ombudsman did not have sufficient grounds for criticising the municipality’s decision to convert the status
of the special nursery school from a special day-care facility according to the
Social Services Act to a facility according to the Day-Care Facilities Act.
The Ombudsman found it most appropriate to inform the then Ministry of
Children, Gender Equality, Integration and Social Affairs pursuant to section
12 of the Ombudsman Act with a view to the Ministry considering a legislative
clarification, including a clarification of the issue of financial consequences for
citizens and municipalities, respectively.
The Ombudsman chose to inform Parliament’s Legal Affairs Committee and
Parliament’s Social Affairs Committee for the same reason.
2015-53. The right of private school pupils to be heard prior to
expulsion or removal. Article 12 of the Children’s Convention
The Ombudsman had considered two complaints about pupils at private primary
and lower secondary schools being expelled/removed at very short notice, among
other things without prior consultation.
As neither the Act on Private Independent Schools nor the Act on Continuation
Schools contains any provisions on children’s right to be heard, the Ombudsman
asked the Ministry of Education for a general statement on the implementation
of Article 12 of the UN Convention on the Rights of the Child, which stipulates
children’s right to be heard in all matters affecting them.
The Ministry of Education subsequently prepared two guides: one for head
teachers and one for pupils. The guide for head teachers draws attention to the
fact that the requirement of the Children’s Convention that the views of the
child must be included applies to all matters, and the guide for pupils informs
them about their right to be heard.
On that basis, the Ombudsman took no further action but asked the Ministry
to inform him at the beginning of 2016 about the result of a planned evaluation
of follow-up efforts. In addition, he would keep updated on whether the
Ombudsman’s office received further complaints about private schools or continuation schools not including the views of pupils in matters of, for instance,
expulsion or removal.
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