The Ombudsman believes that a service that could otherwise be jeopardised due to the lack of adequate space may be provided in a less adequate space, especially if it is a temporary solution that should not become long-term or permanent. The numerous warnings of (not only) the Ombudsman that more attention must be paid to ensuring suitable conditions for the provision of services, especially to the most vulnerable groups of the population, should of course not mean the termination of the provision of all services which are currently provided in suboptimal conditions. 

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The Ombudsman of the Republic of Slovenia (Ombudsman) received a letter from several parents warning that the elementary school (school) had decided to hold classes for students of the special education programme of the elementary school in the premises of ​​a former bar in the basement of the neighbouring faculty, which is unsuitable, without sufficient daylight, there is still a counter with sharp edges in the room, on which someone could be injured, and due to the long route of the emergency exit, there could also be deaths among disabled pupils in the event of a possible fire, earthquake, or other accident, as it would not be possible to evacuate them in time.

The Ombudsman addressed a written enquiry to the school and also personally visited it. During the visit, he received information that the matter is already being considered by the inspectorates for the fields of education, health, and fire safety. The space itself was found and provided by the municipality for the needs of the school, and the solution is supposed to be a temporary, as the construction of an extension is expected to start in the spring, which will ease the existing space constraints. The building permit has already been obtained. In the written response, the school also explained that the number of children enrolled in elementary school with an adapted programme (OŠPP) increases annually. The number of children has almost doubled in the last ten years. Even before that, two departments were based outside the school premises, and all departments are in the immediate vicinity of the school, which is an advantage.

The Ombudsman left the professional assessment to the authorised inspectors, although he was able to make a layman's assessment that the premises of the former bar in the basement of the faculty in the immediate vicinity of the school are clearly unsuitable for the implementation of the pedagogical process in an elementary school. The space is clearly intended for the catering industry by its equipment (restaurant counter, stone floor coverings), which would require a major intervention in order to be recognised as suitable for the implementation of the elementary school programme. Another obvious problem of the room, according to the Ombudsman, is the significantly reduced illumination by daylight and also the visibility from the room to the outside. Based on this criterion, according to the Ombudsman, the area of ​​the windows would need to be at least several times larger than currently to even be possible to think about the suitability of the space for the presence of children all day.

In his work, the Ombudsman visits many places where various educational, social welfare, health, or other public services are provided, where the spatial circumstances in themselves interfere with the rights of the users, if not with any others, always with the right to dignity. Encroachments on the rights of individuals occur simply because the state and local communities are not always able to provide the necessary means to adapt to changes, which the Ombudsman, in addition to various experts in various fields, has been warning about for years. The frequency, severity, and complexity of various problems are increasing, both for children and adults and the elderly, and the provision of material resources for maintaining and increasing the capacity of service providers is by no means at the level that the increase in needs demands.

The problems identified in the system cannot, of course, be an excuse, but according to the Ombudsman, they cannot be completely ignored when considering a specific initiative, as the extent of the resources objectively available for this is always important.        

According to the Ombudsman's layman's assessment, in addition to the mentioned shortcomings, the room in question is large enough and comfortably furnished. Here, it is also important that the (maximum) 18 children present at the same time have available the support of six employees, which can certainly have a significant impact on ensuring the safety of children even in less than optimal spatial conditions.

The Ombudsman recommended that the school examine the possibilities of providing other, more suitable premises, or that at least the most exposed edges of the counter should be protected in case a child should fall, and of course also that all the findings of the competent inspection services and their possible suggestions and recommendations be strictly followed.

In this particular case, the Ombudsman has not received information that the inspection services could identify the irregularities. However, the Ombudsman will continue to strive to constantly provide comfortable, safe, healthy, stimulating spaces, especially when it comes to vulnerable people as users of such spaces. In the Ombudsman's opinion, even more than ensuring optimal spatial conditions, it is also important to ensure all conditions in such a way that the quality work of the necessary number of relevant experts is enabled and offered. 19.1-38/2023