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Ulovlig innelåsning av personer med utviklingshemning i Kristiansand kommune

Sivilombudet avdekket ulovlig innelåsing av mennesker med utviklingshemming i Kristiansand kommune.

Sivilomudets forebyggingsenhet har som oppgave å etterse og forebygge at torturkonvensjonens forbudet mot tortur og annen grusom, umenneskelig eller nedverdigende behandling eller straff etterleves. Sivilombudets besøksrapport fra Kristiansand, avdekker at innbyggere med utviklingshemming utsettes for ulovlig innelåsning i deres leiligheter. Noen hadde til og med tvangsvedtak overprøvd av Statsforvalteren som i strid med lovverket åpnet for slik ulovlig innelåsning. 

"Rapporten vil være grunnlag for viktig forbedringsarbeid framover", sier helse- og mestringsdirektør Brede Skaalerud til NRK.

Innelåsning er ikke noe nytt i Kristiansand

Nå er det ikke første gang vi hører om ulovlig innelåsning i Kristiansand. For noen år tilbake, var brakte Fædrelandsvennen flere saker om ulovlig innelåsning både i Kristiansand og andre Agderkommuner.

Faksimile fra Fædrelandsvennen

Faksimile fra Fædrelandsvennens nettside hvor innelåsning omtales i 2016.

 

Det er alltid en historie bak innelåsningen

Ester Skreros og Wenche Lill Naglestad Moi forteller om sin erfaring med omsorgstjenesten, personalpolitikk og innelåsning av beboere med utviklingshemning

 

Da Fylkesmannen gikk gjennom sakene om ulovlig innelåsning i 2016, så kom de til den forbausende konklusjonen at den ulovlige innelåsningen var forsvarlig.

Kristiansand er nok ikke alene om ulovlig innelåsning

I 2016, da Fædrelandsvennen satte fokus på ulovlig innelåsning, så fikk vi henvendelser både fra andre pårørende Kristiansand og fra andre kommuner i Fædrelandsvennens nedslagsfelt. Det syntes som at både pårørende og tjenesteyter i liten grad var kjent med lovverket og grunnleggende menneskerettigheter.

Ulovlighetene florerer og kontrollen er stort sett fraværende

Det er svært positivt at Sivilombudet holder fokus på tvang og alvorlige krenkelser av mennesker med utviklingshemning. Til nå har Sivilombudet kommet med tre besøksrapporter:

I alle tre repportene dokumenteres ulovligheter knyttet til tvansbruk både i kommunen og hos Statsforvalteren.

I 2019 kom rapporten Tvang og makt mot personer med utviklingshemming etter helse- og omsorgstjenesteloven kapittel 9 Likestillings- og diskrimineringsombudets gjennomgang av 32 saker fra Fylkesmannen i Hedmark. Rapporten fant feil og mangler med samtlige vedtak. En kan f.eks. lese i rapporten at

"Ombudet har ikke i noen av de 32 sakene funnet opplysninger som tilsier at Fylkesmannen selv har snakket med personen vedtaket gjelder, eller at Fylkesmannen på annen måte innhentet personens syn på tvangstiltakene før Fylkesmannen godkjenner vedtakene. Gjennomgangen gir grunn til å anta at Fylkesmannen ikke selv innhenter personens syn på tiltakene, men isteden bygger på det som kommer frem av kommunens vedtak."

Helsetilsynet har nasjonale tilsyn på feltet. Resultatene fra de nasjonale tilsynene forteller om en like svak rettsikkerhet som rapportene fra Sivilombudet og Likestillings- og diskrimineringsombudet.

Årstall Tilsynstema Prosent av tilsynene som påpekte lovbrudd
2005 Tvang og makt 77
2006 Tvang og makt 90
2009 Barneboliger og avlastningsboliger for barn 79
2016 Tjenester til personer med utviklingshemning 81

 

I oppsummeringsrapporten fra Helsetilsynet etter tilsynet i 2016, stilles et velbegrunnet og essensielt spørsmål på side 27:

"De alvorlige forholdene som dette tilsynet har avdekket gir grunn til å stille spørsmål om dagens rammer og ressurser for kommunenes tjenestetilbud er tilstrekkelige til å sikre gode og trygge tjenester til alle brukerne. Har kommunene nødvendige forut- setninger for å etablere og drifte forsvarlige tilbud – også til brukere med store og komplekse tjenestebehov? Gir staten tydelige nok krav, føringer og faglig støtte til kommunenes oppgaveløsning? Prioriterer spesialisthelsetjenesten bistanden til kommunene høyt nok?"

Vi venter fortsatt på svar og gode løsninger fra Helse- og omsorgsdepartementet.

Tom Tvedt

29 april 2022

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