NORWEGIAN PARLIAMENTARY OMBUDSMAN National Preventive Mechanism ANNUAL REPORT 2018 26 ple peo ing g n u ay d yo hen st n a ren well w n hild d io All c e treate nstitut i b n t in a mus Legal requirements for interventions in children and youth rights: 1. the intervention must be warranted by law (the principle of legal authority) n tutio insti what this ar visit e to he l il w We ld lik y here. wou and ke to sta e li et th o not it is we g ed 2. it must pursue a legitimate purpose sure sion, w r ake s f ou To m ct impre otice o , we n re e corr dvance e are he . a u w give . When to yo lk ta s visit like to ld wou s? re elp u s he to h ondition you think help ant c r n ou. ethe ou w e ca how Do y ow best d and wh xperienc re after y he kn ve ur e You e impro . Yo will stay b nfair can ing is u se who o r: anyth and th ethe h rs e w t oth ou find pected t to s tion n a re a w rm are We d info ghts goo ur ri s t you iven • Yo tion ains re g g a a u d gula d • Yo eate use nd re mistr t laws a rce is n.no c eing • Fo e b ne p an u are here res dsm mbu • Yo ff sivilo e sta ak@ mott • Th +47 22 8 2 85 00 3. it must be necessary and proportionate to achieve the purpose at: .no ore d m nen-ung Rea n sma chure. bud ro m b o sivil r in our o Siv bu ilom dsm anne n, Box P.O. 3 Sen trum , 01 01 O slo, post Norw ay Documentation The requirements for documentation of use of coercion in child welfare institutions are strict. All decisions on the use of force or restrictions that are considered individual decisions must comply with the Public Administration Act.9 An administrative decision must state the grounds for the decision and be in writing. The Supreme Court’s practice is that the requirements for grounds are more stringent when the measure is invasive. The Rights Regulations state that all decisions shall be recorded in protocols.10 The institutions must substantiate that the conditions in the provision in question have been met and describe why it was necessary to use force and what was done to avoid using force.11 The duty to state grounds is intended to ensure thoroughness and precision on the part of the decision-makers and is an important guarantee of legal protection for individuals. It must be possible for the person subjected to force to understand why the legal conditions are considered to be met. This means that coercive measures shall be a last resort, and concrete, situational, and individual grounds must be provided. 9 The Rights Regulations Section 26: All decisions pursuant to Sections 14, 15, 16, 17, 18, 22, 23 and 24 are deemed to be individual decisions pursuant to the Public Administration Act. These decisions shall be entered in the records and presented to the supervisory authorities. 10 The Rights Regulations Section 26. 11 Cf. the Public Administration Act Sections 24 and 25.