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Selected investigations
Secure residential institutions rejected young
asylum seekers without age determination:
During a monitoring visit to a local prison, the
monitoring team encountered an underage asylum seeker who was remanded in custody. The
court had decided that the inmate was to stay
there until a place became available in a secure
residential institution. However, two secure residential institutions had refused to accept the
young person because his age was in doubt and
an examination to determine his age had not
yet been carried out. The Ombudsman raised
the question with the region whether secure
residential institutions were entitled to refuse
a young asylum seeker if his or her age was in
doubt. The region agreed with the Ombudsman
that it is the courts and certain administrative
authorities which have the power to make decisions on the placement of children and young
people in secure residential institutions. The two
secure residential institutions’ practice of refusing young people without age determination
would therefore be changed.
The Ombudsman criticised a municipality’s
supervision of teaching in a secure residential institution’s in-house school: In continuation of a monitoring visit to a secure residential
institution, the Ombudsman received a monitoring report on the teaching in the institution’s
in-house school. The Ombudsman criticised
the municipality’s supervision of the teaching
as it was not possible to assess on the basis of
the report whether the pupils of the in-house
school received schooling which measured up
to what is ordinarily required in ordinary primary
and lower secondary schools. The municipality
accounted for the measures which it had since
implemented in order to improve its supervision
of the in-house schools in the municipality, and
the Ombudsman therefore took no further steps
in the matter.
The Ombudsman opened a case concerning
the duty of children’s asylum centres to notify
the municipality when unaccompanied minors
disappeared or stayed away: During a monitoring visit to a children’s asylum centre, the
Ombudsman’s monitoring team was informed
that the Centre did not notify the municipality
if a minor about whom the Centre found it had
a duty to notify the municipality disappeared
or stayed away. In those cases, the notification
form was indeed completed but it was only
sent to the municipality if the minor returned.
In that connection, the Ombudsman opened a
case with the Danish Immigration Service. From
replies in the case, the Ombudsman noted that
any notifications under the Act on Social Services
which were in progress would in future always
be sent to the municipality, whether or not the
minor stayed away while the case was being
processed. Furthermore, a notification would
always be sent if a child or young person disappeared. On that basis, the Ombudsman took no
further steps in the matter.
The Ombudsman criticised that a minor was
placed in a prison in which minors were not
permitted to serve a sentence: When visiting a
closed prison in which minors were not permitted to serve a sentence, the monitoring team encountered a 17-year-old boy. The Ombudsman
criticised that the 17-year-old had been placed in
a prison in which according to the rules minors
could not serve a sentence. In addition, the
Ombudsman noted the initiatives which were
subsequently taken to ensure that staff were familiar with the rules on 15-17-year-olds – including the rules specifying the closed institutions
in which minors can be placed. (News stories
published on 31 May 2018 and 26 March 2019).
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