The Ombudsman Mr. Ixhet Memeti met with the representatives of the OSCE Mission to Skopje to discuss the current situation in respect the promotion and protection of human rights and freedoms, the challenges the institution faces, and in particular the readiness of the Institution to monitor the local elections.

Namely, the Ombudsman Mr. Memeti informed about the considerably improved communication of the bodies/institutions that are subject of monitoring of the Ombudsman, but stressed that although the legislative amendments took place, due to lack of capacities and non-compliance of the legislative regulation, their practical implementation is enabled.

In terms of the meaning and the need for stronger protection of the electoral right of citizens, in the wake of the local elections, the Ombudsman informed the OSCE representatives with regret that as a result of lack of staff, the monitoring of the election process has been questioned, so as the opening of the free of charge hot line. In addition he still emphasized that in accordance with its possibilities, the citizens will still be provided protection of their electoral right.

Jahrelang wurde eine mittlerweile 60-jährige Frau von ihrem Mann regelmäßig misshandelt. Als sie sich nach einer weiteren schweren Verletzung dazu durchringt, Anzeige zu erstatten, wird ihr Mann gerichtlich verurteilt. Ihr Antrag auf Entschädigung wird vom Sozialministerium Service Vorarlberg allerdings abgewiesen. Da sie sich nicht früher von ihrem Mann getrennt habe, hätte sie leichtsinnig und fahrlässig gehandelt, so die Begründung.

Für Volksanwalt Dr. Günther Kräuter ist das Antwortschreiben des Sozialministeriums Service Vorarlberg untragbar: „Dem Opfer selbst die Schuld für seine Situation zu geben, ist beschämend und inakzeptabel. Gewaltopfer müssen unterstützt und ermuntert werden, mit ihrem Anliegen an die Öffentlichkeit zu gehen.“

Gewaltbeziehungen dauern oft lange. Aus Existenzängsten, Schuld- und Schamgefühlen trennen sich Betroffene erst nach Jahren von ihren Peinigern. Volksanwalt Kräuter wird das Vorgehen amtswegig prüfen.

A man was banned from visiting his partner’s mother in her care home when Nottinghamshire County Council failed to go through the correct procedures, the Local Government and Social Care Ombudsman has found.

The Ombudsman’s investigation into the man’s complaint found the council did not carry out a risk assessment or ask the mother’s wishes before banning him, took several years to review the restriction and then failed to tell the care home it had lifted the ban.

Michael King, Local Government and Social Care Ombudsman, said:

“This case goes to the heart of the principle that a person in care has the right to make choices for themselves. Their views should be taken into account so decisions made about them are done properly. It highlights the need for councils and care homes to go through the proper procedures from the outset.

“Nottinghamshire County Council could have avoided many of the problems experienced here if they had either asked the woman’s wishes or carried out a proper risk assessment at the earliest opportunity.

“Local authorities who commission care are accountable for the actions of the providers delivering the service on their behalf. They need to ensure those providers adhere to the same standards of record keeping and accuracy they would expect from their own staff.”

Having lived with her daughter, and the daughter’s partner, the mother was placed in a care home in 2013 when they could no longer cope. The council’s concerns arose after the daughter’s partner admitted he had been close to losing his temper physically with the mother. It asked him not to visit the home, but never clarified how long this would be for.

The council did not formally review the restriction until March 2016, although this had not stopped the man from visiting occasionally. It failed to tell the care home it had lifted the ban on the man visiting.

The care home did not agree with the council lifting the ban. It carried out its own risk assessment in May 2016, which reinforced the ban. The Ombudsman’s investigation found this assessment was not robust enough; it did not substantiate care home allegations of the man being verbally abusive to staff and it did not show any current risk to the woman. The Ombudsman also found the care home made some inaccurate statements, including claiming an independent advocate had asked the woman if she wanted the man to visit. Something not supported by the advocate’s email.

The Local Government and Social Care Ombudsman’s role is to remedy injustice and share learning from investigations to improve local public, and adult social care, services.

In this case, the council agreed to commission an independent advocate to obtain the woman’s view on seeing the man away from the care home. If she wants to do this, the council should arrange for it to happen and pay the man £300 for failing to do it sooner.

The council will apologise to the man for its failings, and for those of the care home and care provider. It has agreed to consider what it needs to do to prevent this from happening again.