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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