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annual report 2013
Overall, the Ombudsman did not therefore find grounds for criticising the
municipality’s conception of the law according to which a decision on a coercive
measure in the form of the use of a GPS tracker does not imply an automatic
obligation to use the GPS tracker in the time period covered by the permit.
v. O
ther authorities etc. within
the Ombudsman’s jurisdiction
The following case concluded in 2013 was selected for publication as part of the
Annual Report:
2013-28. Use of force at socio-educational accommodation
facility
During a monitoring visit to a private socio-educational accommodation facility
for children and juveniles, the Ombudsman’s monitoring team were informed,
among other things, that the facility used force to make juveniles sit on a sofa –
a therapeutic technique called reflection time, which is a ‘time-out’ imposed on
the juveniles if they will not follow the rules of the facility.
According to the provisions of the Social Services Act, the use of physical
force is acceptable when a juvenile is in danger of harming him- or herself or
others. But staff are not allowed to use force in order to make a juvenile accept a
particular therapeutic measure, such as reflection time.
The accommodation facility did not think that it constituted use of force when
a juvenile was led to a sofa by a member of staff placing a hand on the juvenile’s
shoulder. The facility’s management thought that it was not a forcible measure
until staff used a ‘certain amount of physical force to make a person do, refrain
from doing or physically accept something’. The Ombudsman did not agree.
His conclusion was that the facility’s understanding of the use of forcible mea
sures was not sufficiently precise, as the child’s or the juvenile’s resistance is also
a significant criterion for deciding whether a measure is an expression of care or
actual physical use of force.
The ombudsman asked the facility to consider how it may ensure that the
children and juveniles are motivated to accept the socio-educational therapy,
support and care, in order to reduce the number of conflict situations.
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