CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN
PART II
PART I
III.
INSPECTION VISITS
In 2013, the Chancellor inspected three child care institutions. All the inspection visits were
announced in advance. The Chancellor’s visit to Tapa Special School (Inspection visit to Tapa
Special School, case No 7-7/140013) was described in more detail in Part I of the report.
In addition, the Chancellor visited two substitute homes: Kiikla substitute home (Inspection visit
to Kiikla substitute home, case No 7-9/130668) and the centre for infants and children with
disabilities of Tallinn Children’s Home (Inspection visit to the centre for infants and children
with disabilities of Tallinn Children’s Home, case No 7-8/130943).
1.
Compliance with the recommendations given on the basis of an analysis of the
substitute home service
PART IV
PART III
In 2013, the Office of the Chancellor of Justice completed an analysis of the substitute home
service119, on the basis of which the Chancellor made several recommendations to the Minister
of Social Affairs, local authorities, substitute homes and other agencies.
Minister of Social Affairs
The Chancellor’s main criticism to the Minister of Social Affairs was that under the current
regulation the description of the substitute home service is very general and vague with
regard to the expenses necessary for satisfying the basic needs of a child. Therefore, several
requirements have to be derived from the Constitution, international instruments binding on
Estonia and the optional guidelines given on the basis of them. Thus, the state should provide
clear guidelines regarding what and to what extent a substitute home must ensure in terms of
material welfare of children, i.e. the so-called minimum service standard.
The Minister replied that by the end of 2014 the Ministry of Social Affairs will prepare a concept
covering all forms of the substitute home service, along with specific proposals for legislative
amendments according to which the financing of the substitute home service will be organised
in the future.
Local authorities
The Chancellor recommended to local authorities as the guardians and organisers of welfare
services of children growing in substitute homes to take better responsibility for the well-being
of children.
Most of the local authorities in whose activities the Chancellor found shortcomings promised
in the future to perform the functions of legal representation of children personally and not
delegate them to substitute homes (e.g. applying for the rehabilitation service). Local authorities
which did not do so before have also set an aim to visit children regularly and support them in
accordance with the principle of case management (i.e. by drawing up case management plans
for the children).
Substitute homes
The Chancellor’s main criticism to substitute homes concerned the ratio of children and staff
in substitute homes. In order to create a family-like, stable and safe environment which is
conducive to the development of children, the Chancellor recommended not to admit more than
8 children in a family with carer and six children in a family with a family elder. In addition, the
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119 Available online in Estonian: http://lasteombudsman.ee/sites/default/files/asenduskoduteenuse_analuus_0.pdf.
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