Tilsyn med Fylkesmannen i Hedmark

Fylkesmannen skylder på Helsedirektoratet og Helsetilsynet

Det er verd å lese Fylkesmannens tilsvar til Likestillings- og diskrimineringsombudet. Ordbruken er bevisst og tilhører klassen av ansvarsfraskrivelser.

I forbindelse med Likestillings- og diskrimineringsombudets (LDO) lansering tilsynsrapporten om Fylkesmannens overprøving av tvangsvedtak, utarbeidet ombudet en pressemelding. Fylkesmannens kommentar til pressemeldingen er fortellende:

"Fylkesmannens oppgaver knyttet til helse- og omsorgstjenesteloven kapittel 9 administreres av Helsedirektoratet og Statens helsetilsyn. Til tross for at Fylkesmannen mener å ha etterlevd retningslinjer fra disse oppdragsgiverne, var tilsynet fra ombudet bevisstgjørende."

Innoldet er noe slikt som: Fylkesmannen har altså ikke gjort noe kritikkverdi. Fylkesmannen har bare gjort slik de har fått beskjed om å gjøre. Hvis det mot formodning skulle være noe kritikkverdig, så må det skyldes Helsedirektoratet eller Statens helsetilsyn, omtrent som i eventyret om de tre bukkene bruse "Å nei, ta ikke meg, for jeg er så liten, jeg. Bare vent litt, så kommer den mellomste Bukken Bruse".

Fylkesmannens kommentarer til enkeltpunktene i tilsynet, finner en i tilsynsrapporten, sidene 51-56 og er av samme varianten.

En kommentar som går igjen er: "Etter ombudets gjennomgang er nye vedtaksmaler for kommunens vedtak etter helse- og omsorgstjenesteloven kapittel 9 utarbeidet av Helsedirektoratet (se vedlegg). Disse malene tar i større grad hensyn til beskrivelse av partenes medvirkning."

Malen som Fylkesmannen i Hedmark benyttet, manglet avkryssningsalternativ for medvirkning, selvbestemmelse og etterlevelse av grunnleggende menneskerettigheter. Men i følge Fylkesmannen er forholdene blitt mye bedre nå som de har fått ny mal fra Helsedirektoratet. I tillegg har fylkessammenslåingen vært av uvurderlig verdi med tanke på rettsikkerheten. Nå har nemlig kommunene i Innlandet også fått mulighet for å krysse av om personen det gjeldet har vært involvert, eller som Fylkesmannen uttrykker det:

"Etter at Fylkesmannen i Hedmark og Fylkesmannen i Oppland ble slått sammen til Fylkesmannen i Innlandet fra 01.01.19, er det utarbeidet en ny mal for overprøvingsvedtak (se vedlegg). Denne malen inneholder eget punkt som omhandler partenes medvirkning."

Det er svært positivt at Likestillings- og diskrimineringsombudet har satt fokus på rettsikkerheten knyttet til tvangsvedtak. Det er gledelig at både Fylkesmannen og kommunene nå får lov til å vurdere lovens krav om medvirkning. Vi får håpe at de nye malene også gir mulighet for å krysse av for alle andre relevante veletablerte grunnleggende rettigheter som også gjelder mennesker med utviklingshemming.

Vi får håpe at de nye malene inneholder et avkryssningsalternativ for umenneskelig behandling. På den måten kan en i det minste bli registrert med et kryss i Fylkesmannens saksbehandlingssystem. Ut fra historien til Fylkesmannen i Hedmark, så bør en ikke sette forventningene spesielt høyt.

Jens Petter Gitlesen

1 september 2019

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