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 54 119 Available online in Estonian: http://lasteombudsman.ee/sites/default/files/asenduskoduteenuse_analuus_0.pdf.

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