53 First five years – some results ‘Motivational trips’ as a therapeutic method must be on a voluntary basis The Norwegian Board of Health Supervision asked Bufdir to interpret the practice of involuntary ‘­motivational trips’ as a therapeutic method as part of the treatment at child welfare institutions.22 Such a ‘motivational trip’ could for instance mean that an adolescent is taken to a remote house or a cabin outside the institution’s area, together with two members of staff over a period of several days. The background for wanting an interpretative ­statement was the Parliamentary Ombudsman’s report and follow-up after a visit to a treatment institution for adolescents with substance abuse problems in 2017. In this report we pointed out that the Rights Regulations does not allow for ­adolescents to be taken on ‘motivational trips’, neither as part of the treatment plan, nor as ­punishment or by use of coercion.23 We also emphasised that these trips were not conducive to a sense of security among the adolescents. The adolescents usually did not know how long a trip would last, and they were not always told the reason for being taken away from the ­institution alone. The Norwegian Board of Health Supervision agreed with the Parliamentary Ombudsman’s assessment, and emphasised the importance of ensuring that the county governors, Bufetat's approval authorities and the institutions have the same understanding of the rules about when and how freedom of movement can be restricted.  In March of 2019, Bufdir pointed out that motivational trips must be based on the consent of the residents.24 They concluded that keeping adolescents in premises located outside the institution area is not permitted. The Parliamentary Ombudsman is aware that several institutions have carried out such involuntary ‘motivational trips’. Bufdir’s clarification that this is not in accordance with the Rights Regulation is therefore important for the safety and legal safeguards of adolescents in child welfare institustions. Contribution to national police custody regulations The Parliamentary Ombudsman's NPM has since 2014 visited several police custody facilities where people have been brought in for disturbing the peace or on suspicion of criminal activity. Several findings and recommendations from these visits have also contributed to changes at a ­national level. New regulations for use of police custody The lack of a common national regulatory framework for the use of police custody was previously a major challenge. The consequence was that every single police district created local instructions for how the custody facilities should be run, and how the rights of the detainees should be respected. This constituted a risk to the legal safeguards and welfare of detainees. 22 The Norwegian Board of Health Supervision reference 2018/1674 1 HAK. 23 Letter from the Parliamentary Ombudsman to Klokkegårdenkollektivet of 25 April 2018, available on our website: https://www.sivilombudsmannen.no/besoksrapporter/klokkegardenkollektivet/#filer 24 The Norwegian Directorate for Children, Youth and Family Affairs (Bufdir), 31 March 2019. Interpretative statement – use of involuntary trips as therapeutic method as part of treatment in child welfare institutions. Reference 2018/55424-3.

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