45
Visits in 2018
The management and staff had previously been in a
situation where they had needed to implement use
of coercion under pressure from the police. The child
welfare service also expected the institution to make
decisions on extensive restrictions. In this situation,
the institution felt that it had no other choice then
to comply. The county governor pointed out that
restrictions had been enforced that were in excess of
what is permitted pursuant to the Rights Regulations.
The police or other parties cannot instruct a child
welfare institution to exercise coercion in excess of
the restrictions provided for in the Rights Regulations.
The use of coercion exercised on this basis entails a
high risk of young people being subjected to arbitrary
deprivation of their liberty.
Furuly had procedures for restricting freedom of
movement in an apartment on the centre’s first floor,
which appeared to facilitate more extensive force
than the staff and management had described as
desired practice. The procedures lacked a description
of how to ensure that the adolescents placed in the
apartment were not isolated from the other residents.
Certain parts of the procedure handbook also
contained elements that the NPM pointed out could
contribute to a sense of insecurity and helplessness
and increased the experience of force.
The NPM underlines the importance of routines
and procedures that safeguard children’s rights,
including their right to proper care and treatment.
It is also essential that both the management and
staff are familiar with the procedures and have a
shared understanding of how they should perform
their work, and that everyone has the knowledge
and expertise needed to give the treatment that the
institution provides.
It could take time before the residents at Furuly
were offered schooling, due to what the institution
felt was a delayed and reluctant response on the part
of local schools to accept the Furuly residents. The
NPM underlines the importance of all children and
young people who have a right to schooling being
provided this without undue delay.
Skjerfheimkollektivet
18.–20. september 2018
Skjerfheimkollektivet is a residential and treatment
institution for adolescents between the ages of 15
and 18 with serious substance abuse problems.
The institution is a department under Buskerud,
Vestfold and Telemark behandling ungdom, owned
by the Norwegian Children, Youth and Family Affairs
Service (Bufetat).
Skjerfheimkollektivet was well equipped and
the physical conditions were pleasant and clearly
reflected consideration for the youth living there.
The exceptions were the room for urine tests and
the “sluice room”. These rooms were used to perform
coercive measures and it is therefore important that
they are designed to ensure the patients’ sense of
security and dignity.
Over the years before our visit, Skjerfh eim
kollektivet had made several changes to the way in
which they worked with the residents. The changes
implied among other things a more individual
approach to the residents’ treatments and in their
everyday lives, less rigidity and more focus on the
residents going to school or working outside the
institution. The changes were important to providing
a secure framework and good treatment for each
individual resident.
Different measures described as camps or trips
were used at Skjerfheimkollektivet, which are measures typically used by substance abuse institutions
for minors.
The trips were described in and based on decisions
on restricted freedom of movement pursuant to the
Rights Regulations Section 22. An administrative
decision of this kind cannot be used to take a young
person on a trip against their will as part of their
treatment. The institution must ensure participation
and consent on the part of the resident before being
entitled to take them on therapeutic trips.
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