social welfare – children
The Deputy-Ombudsman stressed that children must be treated as
equal individuals and that they must be addressed in a respectful
manner.
Communicating information / decisions to children
•
The inspectors were given the impression that some of the children were unaware
of their rights, the rights and obligations of the institution, or the duties and responsibilities of their designated social worker.
According to the Deputy-Ombudsman, a child has the right, regardless of their age, to information on what the rights and obligations of
the authorities or the place of foster care are, and, more importantly,
what the rights of the child are. The Deputy-Ombudsman took the initiative to investigate how the children’s right to meet their designated
social worker and the children’s right to information is honoured.
•
Notifications of decisions on restrictive measures had been forwarded to the child’s
social worker and guardians, but it was not mentioned in any of the decisions
whether the information had also been officially communicated to the child.
The Deputy-Ombudsman stated that the children themselves should
also receive information on the decision on restrictive measures in
the original or as a copy, and proof of receipt should be indicated
on the documents. A child has the right to be informed in sufficient
detail of the reasons leading to the restrictive measure, the purpose
and the duration of the measure, and the practical implications of the
decision in their particular case. They should also be advised on the
possible filing of an appeal or obtaining appropriate legal advice.
Restrictive measures / disciplinary measures
•
As one form of disciplinary measure used at the unit, the children were ordered
to stay in their rooms, a method to which the inspectors of the municipality of
residence had drawn attention on their visit; the punishment practices should be
reviewed to ascertain that punishments are reasonable regardless of the ward or the
staff on duty. The primary intervention is a discussion with the child.
The Deputy-Ombudsman drew attention to the importance of continuous assessment of the child’s situation and the appropriateness of
the nature and proportion of any disciplinary and educational measures adopted.
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