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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2018
Routine use of coercion in
child welfare institutions
In recent years, the National Preventive Mechanism's (NPM) visits to child
welfare institutions have found that young people are subjected to routine
use of coercion. It is a matter of concern that several of the institutions we
have visited have had a weak understanding of the legislation that, in some
cases, has led to violations of the law and a high risk of integrity violations.
In certain cases, children and young people can be
placed in an institution involuntarily. The Child Welfare
Act Section 4-24 provides for placing children and
young people between the ages of 12 and 18 with
‘serious behaviour problems’ in a treatment or training
institution without their consent for up to twelve
months. Section 4-25 second paragraph provides for
issuing an interim order for placement without the
child’s consent on the same grounds.1 Furthermore,
a child who has reached the age of 15 who gives their
consent can be placed in an institution on the same
grounds pursuant to Section 4-26. If the child has
not reached the age of 15, the consent of those who
have parental responsibility for the child is required.2
Routine coercion is when force is used as an integrated part of the institution's practice, without being
specifically assessed for the individual resident in the
specific situation. The NPM has highlighted findings
of routine coercion after several visits.
In autumn 2016, the Parliamentary Ombudsman's
National Preventive Mechanism (NPM) began visiting
child welfare institutions, and, at the end of 2018,
we had visited nine institutions where children and
young people can be placed without their consent.3
We have visited state-owned and private emergency
institutions and long-term institutions.
The NPM has nevertheless, on several visits, found
that coercion is laid out as part of the rules or
procedures. The findings concern personal searches
and baggage searches, restrictions on the use of
mobile phones, and on freedom of movement; in
the form of being constantly followed closely by an
adult (“shadowing”) or being separated from the rest
of the youth group.
Institutions cannot make house rules, procedures etc.
that restrict the residents’ rights as such restrictions
requires a decision based on individual assessment
of the legal criteria for such restrictions in each case
and specific situation.4 This means that coercive
measures and restrictions that are regulated by the
Rights Regulations cannot form part of an institution’s
general rules or procedures.
1 The Act requires that the child has shown serious behavioural problems ‘in the form of serious or repeated criminality, in the form
of persistent abuse of intoxicants or drugs or in other ways.’
2 Even if the child is staying in the institution voluntarily, they may be retained there for up to three weeks after their consent has
been expressly withdrawn.
3 Cf. the Child Welfare Act Section 4-24 and 4-25 second paragraph, but also Section 4-26 concerning retention in an institution
based on consent.
4 The Rights Regulations Section 3.
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