CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM
PART II
The Chancellor is of the opinion that seclusion of a client of 24-hour special care services in their
room is inadmissible. In order to prevent arbitrary restriction of the liberty of service recipients the
Chancellor proposed to immediately remove from the doors of the rooms of clients any locking
devices which can be opened only from the outside. In addition, the Chancellor recommended
to the service providers to analyse which lawful measures can be taken to ensure the safety
of a client who can quickly become violent as well as other clients at night and, in order to
resolve the situation, take measures which, in proportion to the threat, cause least interference
with the rights of the clients. The Chancellor also considered it necessary for the institution to
explain to its staff the cases of admissibility of restricting the fundamental right to liberty.
PART I
services had locking devices which could be opened only from the outside. In two institutions67
advisers to the Chancellor found that a person receiving 24-hour special care services had
indeed been locked into their bedroom.
The Chancellor doubts whether some of the inspected institutions always have a sufficient
number of activity supervisors present to ensure the fundamental rights of service recipients.
In order to ensure a safe living environment for the recipients of 24-hour special care services
and maintain or increase their ability to cope independently, in consideration of their condition
and skills, the Chancellor proposed to guarantee that a sufficient number of activity supervisors
are on duty in each institution every day to provide 24-hour special care.
PART IV
During the inspection of several institutions68 the Chancellor had a suspicion whether there was
a sufficient number of activity supervisors to provide the service to persons receiving 24-hour
special care. For example, in one of the inspected institutions69 only one activity supervisor was
at work during the inspection visit and had to take care of 12 service recipients with serious
multiple disabilities, including cooking for them, heating the stove and cleaning the rooms. In
two institutions70 the Chancellor saw the problem that depending on the roster sometimes only
2 staff members per 6 houses could be on duty at night. Video surveillance was used in the
corridors of the houses and the activity supervisors on night duty made a round of the houses
according to the need. In the evening the activity supervisors helped clients in all the houses
with their personal needs.
PART III
7.2. Sufficient number of activity supervisors
In reply to the Chancellor’s proposal, two of the institutions71 expressed the view that they
had a sufficient number of activity supervisors and their availability was ensured by the use of
video surveillance in the corridors and making regular rounds of the houses, and there was no
money to hire additional staff.
7.3. The number of service recipients
In two institutions72 the Chancellor found that the number of service recipients exceeded the
number of persons noted on the operating licence. For example, one institution73 had been
67 See the inspection visits to non-profit association Lääne County Psychosocial Rehabilitation Centre (case No
7-9/130534) and Viljandi Hospital Foundation (case No 7-9/130865).
68 See the inspection visits to non-profit association Lääne County Psychosocial Rehabilitation Centre (case
No 7-9/130534), Kodijärve Home of Hoolekandeteenused Ltd (case No 7-9/130901) and Kehra Home of
Hoolekandeteenused Ltd (case No 7-9/130902).
69 See the inspection visit to non-profit association Lääne County Psychosocial Rehabilitation Centre (case No
7-9/130534).
70 See the inspection visits to Kodijärve Home of Hoolekandeteenused Ltd (case No 7-9/130901) and Kehra Home
of Hoolekandeteenused Ltd (case No 7-9/130902).
71 See the inspection visits to Kodijärve Home of Hoolekandeteenused Ltd (case No 7-9/130901) and Kehra Home
of Hoolekandeteenused Ltd (case No 7-9/130902).
72 See the inspection visits to Sõmera Home of Hoolekandeteenused Ltd (case No 7-9/130603) and South Estonian
Care Centre Ltd (case No 7-9/130904).
73 See the inspection visit to South Estonian Care Centre Ltd (case No 7-9/130904).
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