fundamental and human rights
�.� national preventive mechanism against torture
of the children’s social relations and punishments
in the form of segregated dining (1353/2018).
The residential school was required to ensure
that the social worker in charge of the child’s affairs will always be notified of the child’s isolation
without delay (1353/2018).
The Deputy-Ombudsman recommended installing a clock in the isolation room of one unit
so that the child would have the opportunity to
keep track of the time. He also suggested purchasing a thicker, more bed-like mattress for the isolation room (1353/2018).
In the interview of one child, it turned out that
the child had been forced to sleep in a bare isolation room resembling a jail cell for three nights
after the end of the child’s isolation. The Deputy-Ombudsman found the practice to be degrading and strictly reminded the residential school
of its duty to arrange safe foster care for the children (356/2018).
The child welfare unit was required to make
sure that no outside persons participate in the isolation of children. The Deputy-Ombudsman recommended the unit to take urgent measures to
move the isolation room to more suitable premises (4099/2018*).
Restrictions on communication
The Child Welfare Act states that foster care must
safeguard the continuous and safe relationships
that are important for the child’s development.
If an agreement on communication cannot be
reached, communication between the child and
the people close to the child can only be restricted
on grounds specifically provided for in the Child
Welfare Act. The authority to make such decisions
lies with the social worker – not the place of foster
care. The restriction of communication always
requires a decision subject to appeal.
In her opinions, the Deputy-Ombudsman has
stressed that, if a child’s freedom of movement
has been restricted in a manner that also restricts
the child’s right to previously agreed-upon contact
– such as a scheduled home visit – each such situation requires a specific assessment of whether
98
Seclusion facilities in the Pohjolakoti Residential
School.
the legal grounds for making a decision to restrict
communications are in place (356 and 1353/2018).
The child’s mobile phone cannot be confiscated by the institution as a precautionary or punitive
measure. The Child Welfare Act does not give the
director of the institution the jurisdiction to make
decisions on continuing the restriction of communications (1353/2018).
The children’s agreed-upon home visits cannot
be cancelled with a simple verbal announcement.
A decision to move or cancel a home visit always
requires consulting the social worker in charge of
the child’s affairs (4099/2018*).
Restricting the freedom of movement
A child’s freedom of movement is being restricted
if, in addition to generally acceptable boundaries
related to normal upbringing, the child is prevented from leaving the institution or deprived of the
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