Summary

The social services received a report due to concern from the employer of two parents. The couple had recently become parents and the board initiated a so-called child investigation due to the report. Thereafter two administrative officers conducted an unannounced visit to the couple.

Each individual is, pursuant to chapter 2, section 6 of the Instrument of Government, protected against, among other things, house searches or similar intrusion by the public sector. The protection against infringement may only be limited by legislation. The social services are a part of the public sector and are thus covered by the provisions in the Instrument of Government. There is no provision that gives the social services the right to enter an individual’s home, regardless of what the purpose of this would be.

In order for the social services to carry out a visit to a home, within the framework of a so-called child investigation, it is required that an individual gives their consent to the visit. The consent must be substantial, and it cannot be a question of the individual agreeing to a home visit because he or she feels compelled to do so. The scope for carrying out an unannounced home visit is very limited and such visits should only occur in exceptional cases, e.g. if the social services fear that there is an emergency. According to the Parliamentary Ombudsman, there was no reason, in the current case, to fear an emergency situation, and the administrative officers should therefore have consulted the couple in advance, before the home visit was carried out.

In the board’s referral response to the Parliamentary Ombudsman the board emphasized that it did not want to give the couple an opportunity to prepare for the visit. In the decision, the Parliamentary Ombudsman emphasizes that the activities of the social services must be based on respect for the integrity of individuals, and that the principles of autonomy and integrity are fundamental to the activities of the social services. The Parliamentary Ombudsman holds that there is a risk that it may damage the trust of the general public if the authority carries out unannounced home visits and directs criticism towards the board for carrying out an unannounced visit.