fundamental and human rights �.� national preventive mechanism against torture Children’s right to express their opinion and influence their everyday lives The school at the Ojantakanen Family Home provides teaching in small groups. – and extending them to find, e.g. snuff – on the basis of consent alone (356/2018). In general, the Deputy-Ombudsman drew the State Regional Administrative Agency’s (AVI) attention to the fact that, according to section 80 of the Child Welfare Act, it is the special duty of AVIs to monitor the use of restrictive measures in child welfare institutions. The Deputy-Ombudsman also requested the AVIs to take note of the possibility of affording children the opportunity for confidential discussions with AVI representatives as provided for in the Act. On his own initiative, the Deputy-Ombudsman decided to investigate which measures the National Institute for Health and Welfare, in its capacity as the supervisory authority for state-run residential schools, and the National Board of Education with regard to basic education, were going to take on the basis of the observations and opinions presented in the visit report (356/2018). The Deputy-Ombudsman noted that a practice in which events during school affect the child’s free time in foster care has no basis in the Basic Education Act. She decided to request a report on the matter from the residential school (356/2018). The Deputy-Ombudsman required the residential school to provide the placed children with the opportunity to influence and participate in the affairs that concern them. The child’s own opinion must be determined and taken genuinely into account in both administrative decisions and the daily implementation of foster care. Children must not suffer consequences from expressing their opinions. The child’s place of foster care must be capable of creating a home-like atmosphere in which the child feels safe and is able to discuss to have confidential discussions with the adults participating in the everyday operations of the place of foster care without fear of repercussions (1353 and 4099/2018*). In the Deputy-Ombudsman’s opinion, the children’s client documents and accounts paint a particularly concerning picture, in which the children’s attempts to influence their everyday lives are considered unwanted behaviour since the unit’s adults make all the decisions and define what children are permitted to do and how they are permitted to behave in each situation. Children should have the opportunity to influence their everyday routines and discuss them with their carers. The Deputy-Ombudsman pointed out that children have the right to take part in activities. It is the institution’s obligation to support and encourage the children’s participation in activities and make practical arrangements permitting the children to participate in them (1353/2018). The right to meet social workers A child placed in a child welfare institution has an unconditional right to have confidential discussions with his or her social worker. The Deputy-Ombudsman required the institution to cease limiting the children’s right to consult with their social workers and to respect the confidentiality of such discussions in the future. The practice of having the institution and social worker record the date, time and practical arrangements of the meeting between the child and social worker in 101

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