The lack of capacity in professional centres that operate on the basis of the Act on the Treatment of Children and Adolescents with Emotional and Behavioural Problems and Disorders in Upbringing and Education should not be a reason for the state to abandon its duty to ensure the greatest benefit of children and leave children in unsafe environments.

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The Ombudsman of the Republic of Slovenia (Ombudsman) received for information a letter from the district court, with which the Ministry of Labour, Family, Social Affairs and Equal Opportunities (MDDSZ) and the Council of the Republic of Slovenia for Children and Families were informed of the difficulties in imposing a measure of a more permanent nature with placement of a primary school child in a regionally competent vocational institute. The court stated that in the specific case, the primary school child had to be taken out of a harmful environment and placed in a professional institute in the next school year (20023/2024). Before the hearing (which was scheduled a good week before the start of the new school year), the professional institute announced that it was full and that it could not accept the child. In addition, it would not be appropriate or it would be harmful for him to be placed in a housing group among high school students. The court emphasised that it is an urgent consideration of a representative of the most vulnerable group in society, who must immediately be guaranteed the continuation of primary school education in an environment suitable for him. It is intolerable that a child should be denied legal protection and left in an environment where he endangers himself and others due to the lack of capacity that the state must provide. The court forwarded the letter of the expert institute to the addressees with the aim of mediating and ensuring the normal implementation of the adopted laws.

The Ombudsman replied to the district court that he could agree with the conclusion that it is intolerable that, due to the lack of capacity that the state must provide, the child would be denied the legally required protection and left in an unsafe environment. The Ombudsman invited the court to inform him of the responses to the letter in question, so that, if necessary, he could intervene additionally. The Ombudsman also suggested that the court also address the letter to the Ministry of Education (MVI), since in accordance with the provisions of the Act on the Treatment of Children and Adolescents with Emotional and Behavioural Problems and Disorders in Education and Training (ZOOMTVI), the Minister of Education must, in accordance with the criteria for creating a public network, determine professional centres that are established for the upbringing and education of children with emotional and behavioural disorders and problems.

The court subsequently sent the Ombudsman the reply from the MVI, in which it first explained the legal basis of the ZOOMTVI and, on this basis, created a public network with four professional centres that cover the upbringing and education of children and adolescents with emotional and behavioural disorders. Regarding the specific case in which the problems arose, the MVI explained that immediately after receiving the letter from the court, they contacted the two institutions mentioned in the letter and looked into the application regarding occupancy and found that both institutions are occupied, but in both institutions, there will also be some discharges of children from 31 August 2023, due to the expiry of court measures. Furthermore, the MVI stated that the headmaster of the professional institute informed them, after calling for a solution to the situation, that the elementary school child could be placed in an educational group. Since the educational group was full in relation to the norm, the principal submitted an application for the approval of an increased number of children in the educational group. The MVI also explained that they had reminded the headmistress once again about the provision of Article 8 of the ZOOMTVI that they are obliged to accommodate children and adolescents. The MVI also added that they are constantly hiring new capacities and that they also approve all the necessary professional and other personnel for the institutes.

After receiving the MVI's reply, the Ombudsman concluded the consideration of the specific complaint, as appropriate accommodation was found for the child at risk in time. However, since this was not the only complaint to the Ombudsman that highlighted problems with the placement of children and adolescents according to the ZOOMVA, the Ombudsman continues to address the said issue. It is unacceptable that, due to a lack of capacity and personnel, the state would forget its duty to ensure the greatest benefit of children by leaving them in unsafe environments. 8.5-1/2023