Logo til Helsetilsynet

Lovbrudd som hovedregel

I 16 av 18 tilsyn til nå i år, har Helsetilsynet avdekket ulovlige forhold i tilbudet til mennesker med utviklingshemning.

Omsorgstjenestene ble innført med sosialtjenesteloven i 1991. Gjennom alle år har kommunene slitt med å etablere omsorgstjenester til mennesker med utviklingshemning som er i samsvar med lovverket. Fra Helsetilsynets nettsider, finner en 18 publiserte tilsynsrapporter til nå i 2016. I 16 av rapportene påpekes lovbrudd. Når lovverket er 25 år, burde lovetterlevelse vært hovedregelen. Når ulovligheter avdekkes i 89% av tilfellene, så forteller det først og fremst om manglende fokus på lovverk og tjenester fra kommunenes side.


Kommune Antall avvik
Ski 2
Flakstad 1
Oslo, Bydel Søndre Nordstrand 2
Stange 2
Eid 2
Balestrand 2
Årdal 2
Vågå 3
Nordreisa 2
Ullensvang 1
Saltdal 1
Sør-Varanger 1
Kvinnherad 0
Meland 2
Eidsvoll 2
Asker 2
Vestre Slidre 0

Noen av forholdene som er avdekket i de 18 tilsynene, vil trolig ikke ha gitt konsekvenser. Det dreier seg om mangelfulle kvalitetssikringssystemer, noe som ikke gir konsekvens så lenge en ikke har hatt behov for sikringen. På den annen side, skal en huske på at hvert av de 18 tilsynene kun dekker en liten del av lovverket. Tilsynene er i stor grad å betrakte som skriftlig saksbehandling, supplert med intervju. Mye kan være galt med forhold som ikke er undersøkt og mye kan være galt selv om dokumenter er på plass.

Tilsynsresultatene for 2016 er ikke spesielle. Det er liten grunn til å forvente vesentlige forbedringer på feltet før det innføres konsekvenser av å bryte lovverket.

Jens Petter Gitlesen

8 august 2016

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