Monitoring visits to institutions etc. for children in 2022

The table below shows the institutions etc. visited, with a description of each. In addition, it shows the number of talks we had with children and young people (referred to below as ‘users’) and with relatives and, if relevant, guardians (referred to below as ‘relatives etc.’). The Ombudsman collaborates with DIGNITY – Danish Institute Against Torture and the Danish Institute for Human Rights (IMR) on monitoring activities. Among other things, they participate in a number of monitoring visits. It is stated for each visit whether DIGNITY and/or IMR participated. Finally, the recommendations made in connection with the individual visit are presented.

NO. OF VISITS	TALKS WITH USERS	TALKS WITH RELATIVES ETC.	WITH DIGNITY	WITH IMR	ANNOUNCED/UNANNOUNCED VISITS	PHYSICAL/ VIRTUAL VISITS	CONCLUDED WITH RECOMMENDATIONS	CONCLUDED WITHOUT RECOMMENDATIONS
11	68	41	10	4	10/1	10/1	10	1

MONITORING VISITS	RECOMMENDATIONS
19-20 January ‘Soranahus’, Tølløse (virtual visit) Private accommodation facility Talks with 6 users and 6 relatives DIGNITY and IMR participated	The visiting team recommended that ‘Soranahus’: Consider giving staff a course on the rules of adult responsibility legislation, including the interface between care and force. Ensure that report forms on use of physical force are filled in correctly. Ensure that the internal guidelines on use of physical force, detainment in connection with or during placement and searches of persons and rooms are in accordance with applicable rules. Ensure that the internal guidelines on returning runaways describe the central requirements in applicable rules.
28 February and 1 March ‘Bækkely Fonden’, Kettinge Private accommodation facility Talks with 5 users and 7 relatives DIGNITY participated	The visiting team recommended that ‘Bækkely’: Ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility. Observe deadlines for recording and reporting use of physical force. Ensure that report forms on use of physical force are filled in correctly, including that custodial parents have been informed. Update the internal guidelines on use of physical force and on searches of persons and rooms so they describe the central requirements in legislation. Consider giving staff a course on the rules of adult responsibility legislation, including how physical force should be carried out in practice. Ensure that staff are familiar with signs of sexual abuse and the procedure in connection with suspicion of abuse, for instance by elaborating on the relevant internal guidelines. Ensure that the facility’s instructions and practice concerning medicines management follow the applicable guidelines, including with respect to dispensing of PRN medicines.
15-16 March ‘Opholdsstedet Herbertgaard’, Jerslev Private accommodation facility Talks with 5 users and 3 relatives DIGNITY participated	The visiting team recommended that ‘Herbertgaard’: Ensure that report forms on use of physical force and searches of persons and rooms are filled in correctly. Revise the house rules so they target the young people, and in that connection ensure that the house rules do not contain provisions that constitute restrictions of the right to self-determination that are in violation of applicable rules. Ensure that staff are aware that the Act on Adult Responsibility does not apply to young people in aftercare.
16-17 March ‘Bostedet Viljen i/s’, Gandrup Private accommodation facility Talks with 3 users and 2 relatives DIGNITY participated	The visiting team recommended that ‘Viljen’: Revise the guide ‘Information on use of force’ so it concerns the rules of adult responsibility legislation. Ensure that report forms on use of physical force and searches of persons and rooms are filled in correctly. Observe deadlines for recording and reporting searches of persons and rooms. Continue the work of ensuring that staff are sufficiently familiar with the rules of adult responsibility legislation, including on use pf physical force, and in that connection ensure that the internal guidelines on use of physical force are in accordance with and describe the central requirements in legislation. Ensure that the internal guidelines on searches of rooms describe the central requirements in adult responsibility legislation and consider also drawing up internal guidelines on searches of persons. Ensure that the placing municipality is informed of use of a drug test and the results of the test. Ensure that no restrictions of the right to self-determination are carried out that exceed the extent allowed by the adult responsibility legislation, and that any consent to restrictions of the right to self-determination is voluntary.
4-5 April ‘Opholdsstedet Vitus ApS’, Haslev Private accommodation facility Talks with 7 users and 6 relatives DIGNITY and IMR participated	The visiting team recommended that ‘Vitus’: Continue the work to ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility. Ensure that the deadlines for recording and reporting use of physical force are observed and that the report forms are filled in correctly. Ensure that young people, after a physical force incident, are informed of the contents of the report thereon and have an opportunity to comment on the episode. Ensure that custodial parents and the placing municipality are informed of use of a drug test in accordance with the adult responsibility legislation as well as the results of the test. Ensure that the facility’s smoking policy is in accordance with the Act on Smoke-Free Environments.
3-4 May ‘Opholdsstedet Frejas Have’, Kerteminde Private accommodation facility Talks with 3 users and 3 relatives	The visiting team recommended that ‘Frejas Have’: Ensure that staff are familiar with rules on use of physical force, including how physical force should be carried out in practice. Ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility. Ensure that the deadlines for recording and reporting use of physical force and searches of persons and rooms are observed and that the report forms are filled in correctly. Consider drawing up written guidelines on searches of rooms that describe the central requirements in legislation. Ensure that, to a relevant extent, general consent from the young people is obtained for use of drug tests, either in connection with the arrival or during the placement, if a need for testing arises.
4-5 May ‘Ringe Kost- og Realskole’, Ringe Independent day and boarding school (socio-educational boarding school) Talks with 11 users and 5 relatives DIGNITY and IMR participated	The visiting team gave no recommendations. Own-initiative case involving the Ministry of Social Affairs, Housing and Senior Citizens with inclusion of the Ministry of Children and Education about the basis for use of force at placement facilities under Section 66(1)(viii) (continuation schools, independent vocational schools and independent day and boarding schools) and the scope of the Executive Order on measures for the promotion of good order in the Folkeskole.
24-25 August ‘Opholdsstedet Nordtofte’, Gilleleje Private accommodation facility Talks with 5 users and 5 relatives DIGNITY participated	The visiting team recommended that ‘Nordtofte’: Ensure that staff are familiar with rules on searches of rooms and use of physical force, including how physical force should be carried out in practice. Update the internal guidelines on use of physical force and on searches of persons and rooms so they describe the central requirements in legislation. Ensure that, to a relevant extent, general consent from the young people is obtained for use of drug tests, either in connection with the arrival or during the placement, if a need for testing arises. Ensure that the placing municipality is informed of use of a drug test and the results of the test. Ensure that children, young people and custodial parents are informed of their rights in relation to use of force, including access to complain, when the children and young people arrive at the facility. Ensure that applicable guidelines for healthcare-related activities are observed, including medicines management, unintentional incidents and instructions and supervision of staff.
20-21 September ‘Opholdsstedet Jupiter’ Private accommodation facility Talks with 7 users and 1 relative DIGNITY participated	The visiting team recommended that ‘Jupiter’: Ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility. Ensure that all force incidents are recorded and reported and that the report forms are filled in correctly. Ensure that the deadlines for recording and reporting use of physical force are observed.
27-28 September ‘Kostskolen i Sønderjylland’, Toftlund Independent day and boarding school (socio-educational boarding school) Talks with 10 users and 1 relative DIGNITY and IMR participated	The visiting team recommended that ‘Kostskolen i Sønderjylland’: Ensure that staff are familiar with the facility’s procedures for use of force and handling of violence and sexual abuse. Draw up a procedure for medicines management that is in accordance with the relevant applicable rules and ensure that medicines management takes place in accordance with those rules.
15-16 November ‘Joanna’, Vesterborg Private accommodation facility In-house school Talks with 6 users and 2 relatives DIGNITY participated	The visiting team recommended that ‘Joanna’: Ensure that all staff, including staff in the in-house school and substitute teachers, are familiar with the rules on use of force in the Act on Adult Responsibility and with the Act on Social Service’s rules on use of force in relation to young people under 18. Ensure that all force incidents are recorded and reported. Update the guidelines for use of physical force with the adult responsibility legislation’s rules on deadlines for briefing custodial parents and for reporting as well as making it clear that the children and young people must be informed of the contents of the reporting. Ensure that the deadlines for recording and reporting use of physical force are observed. Update the guidelines on searches of rooms so they describe the central legislative requirements and consider drawing up guidelines on searches of persons. Draw up written guidelines on prevention of violence and sexual abuse and on the procedure in connection with suspicion of abuse.

MONITORING VISITS

RECOMMENDATIONS

19-20 January

‘Soranahus’, Tølløse
(virtual visit)

Private accommodation facility

Talks with 6 users and 6 relatives

DIGNITY and IMR participated

The visiting team recommended that ‘Soranahus’:

Consider giving staff a course on the rules of adult responsibility legislation, including the interface between care and force.
Ensure that report forms on use of physical force are filled in correctly.
Ensure that the internal guidelines on use of physical force, detainment in connection with or during placement and searches of persons and rooms are in accordance with applicable rules.
Ensure that the internal guidelines on returning runaways describe the central requirements in applicable rules.

28 February and 1 March

‘Bækkely Fonden’, Kettinge

Private accommodation facility

Talks with 5 users and 7 relatives

DIGNITY participated

The visiting team recommended that ‘Bækkely’:

Ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility.
Observe deadlines for recording and reporting use of physical force.
Ensure that report forms on use of physical force are filled in correctly, including that custodial parents have been informed.
Update the internal guidelines on use of physical force and on searches of persons and rooms so they describe the central requirements in legislation.
Consider giving staff a course on the rules of adult responsibility legislation, including how physical force should be carried out in practice.
Ensure that staff are familiar with signs of sexual abuse and the procedure in connection with suspicion of abuse, for instance by elaborating on the relevant internal guidelines.
Ensure that the facility’s instructions and practice concerning medicines management follow the applicable guidelines, including with respect to dispensing of PRN medicines.

15-16 March

‘Opholdsstedet Herbertgaard’, Jerslev

Private accommodation facility

Talks with 5 users and 3 relatives

DIGNITY participated

The visiting team recommended that ‘Herbertgaard’:

Ensure that report forms on use of physical force and searches of persons and rooms are filled in correctly.
Revise the house rules so they target the young people, and in that connection ensure that the house rules do not contain provisions that constitute restrictions of the right to self-determination that are in violation of applicable rules.
Ensure that staff are aware that the Act on Adult Responsibility does not apply to young people in aftercare.

16-17 March

‘Bostedet Viljen i/s’, Gandrup

Private accommodation facility

Talks with 3 users and 2 relatives

DIGNITY participated

The visiting team recommended that ‘Viljen’:

Revise the guide ‘Information on use of force’ so it concerns the rules of adult responsibility legislation.
Ensure that report forms on use of physical force and searches of persons and rooms are filled in correctly.
Observe deadlines for recording and reporting searches of persons and rooms.
Continue the work of ensuring that staff are sufficiently familiar with the rules of adult responsibility legislation, including on use pf physical force, and in that connection ensure that the internal guidelines on use of physical force are in accordance with and describe the central requirements in legislation.
Ensure that the internal guidelines on searches of rooms describe the central requirements in adult responsibility legislation and consider also drawing up internal guidelines on searches of persons.
Ensure that the placing municipality is informed of use of a drug test and the results of the test.
Ensure that no restrictions of the right to self-determination are carried out that exceed the extent allowed by the adult responsibility legislation, and that any consent to restrictions of the right to self-determination is voluntary.

4-5 April

‘Opholdsstedet Vitus ApS’, Haslev

Private accommodation facility

Talks with 7 users and 6 relatives

DIGNITY and IMR participated

The visiting team recommended that ‘Vitus’:

Continue the work to ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility.
Ensure that the deadlines for recording and reporting use of physical force are observed and that the report forms are filled in correctly.
Ensure that young people, after a physical force incident, are informed of the contents of the report thereon and have an opportunity to comment on the episode.
Ensure that custodial parents and the placing municipality are informed of use of a drug test in accordance with the adult responsibility legislation as well as the results of the test.
Ensure that the facility’s smoking policy is in accordance with the Act on Smoke-Free Environments.

3-4 May

‘Opholdsstedet Frejas Have’, Kerteminde

Private accommodation facility

Talks with 3 users and 3 relatives

The visiting team recommended that ‘Frejas Have’:

Ensure that staff are familiar with rules on use of physical force, including how physical force should be carried out in practice.
Ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility.
Ensure that the deadlines for recording and reporting use of physical force and searches of persons and rooms are observed and that the report forms are filled in correctly.
Consider drawing up written guidelines on searches of rooms that describe the central requirements in legislation.
Ensure that, to a relevant extent, general consent from the young people is obtained for use of drug tests, either in connection with the arrival or during the placement, if a need for testing arises.

4-5 May

‘Ringe Kost- og Realskole’, Ringe

Independent day and boarding school (socio-educational boarding school)

Talks with 11 users and 5 relatives

DIGNITY and IMR participated

The visiting team gave no recommendations.

Own-initiative case involving the Ministry of Social Affairs, Housing and Senior Citizens with inclusion of the Ministry of Children and Education about the basis for use of force at placement facilities under Section 66(1)(viii) (continuation schools, independent vocational schools and independent day and boarding schools) and the scope of the Executive Order on measures for the promotion of good order in the Folkeskole.

24-25 August

‘Opholdsstedet Nordtofte’, Gilleleje

Private accommodation facility

Talks with 5 users and 5 relatives

DIGNITY participated

The visiting team recommended that ‘Nordtofte’:

Ensure that staff are familiar with rules on searches of rooms and use of physical force, including how physical force should be carried out in practice.
Update the internal guidelines on use of physical force and on searches of persons and rooms so they describe the central requirements in legislation.
Ensure that, to a relevant extent, general consent from the young people is obtained for use of drug tests, either in connection with the arrival or during the placement, if a need for testing arises.
Ensure that the placing municipality is informed of use of a drug test and the results of the test.
Ensure that children, young people and custodial parents are informed of their rights in relation to use of force, including access to complain, when the children and young people arrive at the facility.
Ensure that applicable guidelines for healthcare-related activities are observed, including medicines management, unintentional incidents and instructions and supervision of staff.

20-21 September

‘Opholdsstedet Jupiter’

Private accommodation facility

Talks with 7 users and 1 relative

DIGNITY participated

The visiting team recommended that ‘Jupiter’:

Ensure that young people and custodial parents are informed of their rights in relation to use of force and other restrictions of the right to self-determination, including access to complain to the National Social Appeals Board and the municipal council, respectively, in connection with the young people’s arrival to the facility.
Ensure that all force incidents are recorded and reported and that the report forms are filled in correctly.
Ensure that the deadlines for recording and reporting use of physical force are observed.

27-28 September

‘Kostskolen i Sønderjylland’, Toftlund

Independent day and boarding school (socio-educational boarding school)

Talks with 10 users and 1 relative

DIGNITY and IMR participated

The visiting team recommended that ‘Kostskolen i Sønderjylland’:

Ensure that staff are familiar with the facility’s procedures for use of force and handling of violence and sexual abuse.
Draw up a procedure for medicines management that is in accordance with the relevant applicable rules and ensure that medicines management takes place in accordance with those rules.

15-16 November

‘Joanna’, Vesterborg

Private accommodation facility

In-house school

Talks with 6 users and 2 relatives

DIGNITY participated

The visiting team recommended that ‘Joanna’:

Ensure that all staff, including staff in the in-house school and substitute teachers, are familiar with the rules on use of force in the Act on Adult Responsibility and with the Act on Social Service’s rules on use of force in relation to young people under 18.
Ensure that all force incidents are recorded and reported.
Update the guidelines for use of physical force with the adult responsibility legislation’s rules on deadlines for briefing custodial parents and for reporting as well as making it clear that the children and young people must be informed of the contents of the reporting.
Ensure that the deadlines for recording and reporting use of physical force are observed.
Update the guidelines on searches of rooms so they describe the central legislative requirements and consider drawing up guidelines on searches of persons.
Draw up written guidelines on prevention of violence and sexual abuse and on the procedure in connection with suspicion of abuse.

Monitoring visits to institutions etc. for children in 2022

The Danish Parliamentary Ombudsman

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