50 npm annual report 2016 /observations and recommendations • The unit had rules on using telephones and restricting telephone use in different situations. The Deputy-Ombudsman stated that restrictions related to children’s upbringing may never interfere with a child’s statutory rights. For example, when children’s use of personal phones is only restricted during the night with the intention of making sure that they get enough sleep, this is a normal rule related to their upbringing. If a child welfare institution restricts a young person’s mobile phone use with a blanket ban, or if the young person’s calls are listened to when he or she is using the institution’s mobile phone, these are actual restrictions of contacts, on which a decision must be made. • Based on the unit’s practices, it appeared that the children are regularly searched when returning from leave or after having run off. According to the Deputy-Ombudsman, these practices mainly seem to be based on the institution’s own rules rather than individual consideration referred to in the Child Welfare Act. The Deputy-Ombudsman stressed that if a child is subjected to restrictive measures, there must be individual grounds for their use stated in the law. The measures must be justified in the relevant decision or in records kept on the measures. In principle, a child can give his or her consent to the search. The preconditions for this include explaining to the child that submitting to the search is voluntary. However, there should be no negative consequences for a child who refuses to consent to a search or testing. It appeared that, in practice, the children had no other option except to give their consent. • The unit used a so-called grade system in which the young people progress as indicated by their behaviour and can attain different benefits and rights. They have the possibility of earning “Veikkari money” which they can use to buy the things they want. The Deputy-Ombudsman found that the grade system used by the unit contains practices which have a bearing on the young people’s fundamental rights and which may be used to factually restrict their rights and freedoms referred to in the Child Welfare Act without making a decision required under the Child Welfare Act. The Deputy-Ombudsman decided to launch an own-initiative investigation on how the municipalities placing young people in the unit have supervised the grade system used by it and assessed its actual nature.

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