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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