NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2019
52
Child welfare service – increasing the legal safeguards
for children and young persons in institutionalized childcare
In 2016, the NPM started visiting child welfare
institutions. We have visited 19 such institutions
so far. Visits have been made to a variety of places;
small, large, state-owned, non-profit and commercial
institutions. A recurring theme during the visits has
been the routine and unlawful use of coercion and
restrictions. Following a visit report that uncovered
serious use of routine and unlawful coercion,18
the Directorate for Children, Youth and Family
Affairs (Bufdir) reported on its website that it would
review all of Norway's emergency institutions to
ensure compliance with the Regulation on the
Rights of Children in Institutionalized Childcare
(Rights Regulation).19
Improved supervision of child welfare institutions
A good dialogue with the oversight authorities
is vital to ensuring expedient prevention work
at the national level. It is the county governor’s
responsibility to oversee child welfare institutions. During 2017 and 2018, we were invited
on several occasions to give talks to county
governors about our methods and our findings
and recommendations from visits to child welfare
institutions. Through dialogue with several county
governors, we also get the impression that our
reports are actively used in their oversight work.
The Norwegian Board of Health Supervision has
overall responsibility for the county governors'
oversight of the child welfare institutions.20 The
Norwegian Board of Health Supervision can make
direct requirements of the county governors
with respect to the methods they use, oversight
themes and priorities. One of the Norwegian Board
of Health Supervision's main priorities in 2018
was the oversight of child welfare institutions.21
The NPM was invited by the Norwegian Board of
Health Supervision to describe our methodology,
as well as our findings and recommendations
following visits to institutions in the child welfare
sector. The Norwegian Board of Health Supervision
pointed out in its 2018 annual report that it had
identified failings in the oversight of child welfare
institutions, and concluded that too few violations
of the law are probably identified in the county
governors' supervision, although the number of
violations highlighted had increased in the past
year. The findings from our visits were highlighted
as the basis for strengthening the county
governors' oversight of child welfare institutions.
18 The Parliamentary Ombudsman's report after its visit to Kvammen emergency institution, 16–17 January 2018.
19 https://www.bufdir.no/Aktuelt/Arkiv/2018/Alvorlige_avvik_pa_barnevernsinstitusjon/ (retrieved 22 November 2019).
20 The Child Welfare Act Section 2–3b first paragraph.
21 The Norwegian Board of Health Supervision’s annual report 2018.
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