Forsvarlig med ulovlig innelåsing!

Beboere er i flere tilfeller låst inne i sine leiligheter i et bofellesskap i Kristiansand. Fylkesmannen mener den ulovlige praksisen er forsvarlig, skriver avisen Fædrelandsvennen.

- En av beboerne ble sperret ulovlig inne på rommet i flere timer. Dette skjedde fordi en i personalet ble syk, og det ikke ble satt inn vikar. For å få tid til de andre beboerne, ble vedkommende innelåst, skrev  avisen Fædrelandsvennen den 04.04.2016.

Det er kommet fram at innelåsingen ikke var en enkelthendelse, men en etablert praksis blant noen ansatte. Flere andre kritikkverdige forhold ved bofellesskapet er også kommet fram.

Noen ansatte tok opp den ulovlige og uakseptable praksisen i bofellesskapet. Disse ble karakterisert som et arbeidsmiljøproblem og omplassert. Praksisen med ulovlig innelåsning fortsatte.

Etter flere oppslag i avisen Fædrelandsvennen, etablerte Fylkesmannen tilsynssak med bofellesskapet. Tilsynsrapporten fastslår at

"Det har forekommet bruk av ulovhjemlet tvang ved noen anledninger. Dette er imidlertid fanget opp av avvikssystemet (se over), og de tilfellene som Fylkesmannen gjennomgikk, synes ikke å være så inngripende og omfattende som enkelte hevder. Det stemmer, slik det ble hevdet, at en beboer var innelåst i leiligheten sin i flere timer, men det hevdes også at det var personale inne med beboeren meste parten av tiden, og at hensikten var å skjerme vedkommende fra andre brukere. Hendelsen ble fulgt opp av leder."

Fylkesmannens tilsyn finner ingen avvik fra lovverket og konkluderer med at forholdene i bofellesskapet er forsvarlige.

Fylkesmannen nevner ikke at innelåsning av beboere var en utbredt praksis i bofellesskapet. Praksisen ble i all hovedsak verken registrert eller fanget opp av avvikssystemet. I enkeltsaken som fylkesmannen viser til, nevnes heller ikke at den innelåste var alene og frustrert. Det er feil når fylkesmannen hevder at den innelåste måtte skjermes mot andre beboere. I det aktuelle tidspunktet for enkelthendelsen som fylkesmannen beskriver, var det ingen andre beboere i bofellesskapet som den innelåste måtte beskyttes mot. Hadde fylkesmannens beskrivelse vært riktig, så burde en absolutt stilt spørsmål med forsvarligheten å måtte bo sammen med personer som en må beskyttes mot.

Tilsynsrapporten fremstår som en del av ansvarsfraskrivelsessystemet som slår inn når alvorlige hendelser inntreffer. Det er mange drivkrefter i dette systemet. Noen vet ikke hva de skal gjøre og velger derfor å gjøre minst mulig. Andre frykter de skal måtte stå til ansvar for hendelsene. Noen frykter for egen faglige anseelse, mens andre gjør det de kan for ikke å bli overstyrt. Felles for alle motivene er at bagatellisering, fordekning og fortielse blir de dominerende tiltakene.

Jens Petter Gitlesen

5 oktober 2016

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