On 24/01/2024, Deputy Ombudsman Dr Dijana Možina Zupanc participated at a meeting of the Committee on Labour, Family, Social Affairs and Disability, at which the issue of older people, primarily in retirement homes was discussed. She presented the basic findings recorded by the institution of the Ombudsman while considering complaints connected to older people, about which it also warns the competent authorities and reports to the National Assembly. “The institution of the Ombudsman dedicates much attention to this subject. Last year, we considered more complaints from this field, each of them is thoroughly studied, while we also open wider questions detected during our work,” said Deputy Ombudsman Dr Možina Zupanc. 

She added that last year, the Ombudsman received several different complaints reporting violence in retirement homes. Unfortunately, some of these are anonymous, which could indicate the fear of potential consequences for those filing complaints. “Each complaint was considered and inquiries sent to the retirement homes to which the complaints pertained and we handled all procedures in accordance with our competences. The Ombudsman also met with various other competent institutions and discussed the issue of the increasing number of complaints connected to violence or inhumane treatment of older people in retirement homes. He also wanted to familiarise himself with their findings and proposals and expressed his expectation that they will act united with the aim of preventing any kind of violence against older people,” explained Dr Možina Zupanc.

Regarding the position of service users and employees in retirement homes, the Ombudsman is also aware of a lack of staff, which often influences the inappropriate care for retirement home occupants. “The system as it is system not endurable; however, the state still does not have a suitable strategy for how to address this issue. We expect the bodies responsible to eliminate the lack of appropriate staff in retirement homes on the systemic level by establishing suitable staffing norms that would enable safe and quality treatment of users, the improvement of working conditions, and appropriate payment for the work done,” added the Deputy Ombudsman.

The Human Rights Ombudsman believes that the answer to a long-living society is deinstitutionalisation and not only an increase in the capacities of institutions or the construction of new retirement homes. Everybody should be able to get care in their home environment. As a society, we must provide quality and safe care directed towards a person and his or her needs.

The Deputy Ombudsman also stated that in Slovenia we urgently need so-called nursing hospitals, in which persons could be placed who are still ill but who have completed hospital treatment. Such people have difficulties finding a placement in institutional care, because retirement homes cannot provide appropriate healthcare for such people or are simply overcrowded. The core of the problem is therefore in the lack of appropriate accommodation capacities and staff, due to which, after being released from hospital, people cannot be placed in institutional care, while hospitals are pressuring their relatives to take the patient home even though they have neither the knowledge nor the means or room to provide the patient with appropriate care.

The Deputy Ombudsman emphasises that the system of institutional care for the elderly is in dire need of thorough updating. “The unendurable system only deepens the indecent ageing of people in this country. This trend needs to be stopped. A clear vision of all forms of help has to be set up and appropriately support it financially,” underlines Deputy Ombudsman Dr Dijana Možina Zupanc.

El Defensor de la Infancia y Adolescencia de Andalucía, Jesús Maeztu, ha entregado hoy el XVI Premio Así veo mis derechos en la modalidad de dibujo a una alumna de sexto curso de Primaria del Colegio de Educación Infantil y Primaria Rafael Alberti de Málaga.

El Defensor ha agradecido el dibujo sobre el derecho a una vida digna y ha señalado que, a la autora, la guerra le ha suscitado una reclamación de la dignidad de las personas. "No hay derecho a que los mayores os construyan una sociedad desigual, de pobres y ricos, sin cultura de paz... por eso este dibujo es un grito de rebeldía". "Debemos construir desde la escuela y la familia para darle una vuelta al mundo que nos han legado", ha subrayado.

En el acto han participado Miguel Briones, delegado de Desarrollo Educativo y Formación Profesional y de Universidad, Investigación e Innovación de la Junta de Andalucía en Málaga; María Paz Flores, concejal de Educación y Fomento del Ayuntamiento de Málaga, y Francisco Javier Lorente, tutor del Colegio Rafael Alberti.

Estos premios se convocan anualmente en los centros escolares de Andalucía para promover el conocimiento sobre los derechos entre el público infantil y adolescente y hacer valer sus derechos, escuchando sus relatos y experiencias.

El jurado ha reconocido con un accésit a una alumna de sexto del colegio San Sebastián de Fiñana (Almería) por un dibujo sobre las habilidades de las personas con discapacidad. La pasada semana, el Defensor entregó el XVI Premio Así veo mis derechos en la modalidad de vídeo a alumnado del centro docente San Juan de Dios de Alcalá de Guadaíra. El jurado distinguió con un accésit a un vídeo sobre el derecho a la asociación de alumnado de Cuarto de la ESO del Instituto de Educación Secundaria Jabalcuz de Jaén.

El Premio de la la Defensoría de la Infancia y Adolescencia de Andalucía supone una invitación directa a los centros educativos andaluces para que los niños y niñas reflexionen sobre los derechos que les afectan y preocupan en estos momentos, así como fomenta la participación y la colaboración entre iguales para su defensa y protección. Entre ellos, se encuentran el derecho a que no se les discrimine por razón de sexo, religión o cultura; derecho a la alimentación, la educación, la vivienda y la atención médica; derecho a poder participar y tomar decisiones en sus asuntos; derecho a ser solidarios entre sí, con sus iguales, etc.

La cita cuenta con la colaboración del profesorado y la dirección de los centros y consta de dos modalidades: dibujo, para Primaria y Educación Especial; y un vídeo, para Secundaria y Educación Especial. Cuenta también con la colaboración de organizaciones como Save the Children y Unicef y el apoyo del Consejo de Menores del propio Defensor de la Infancia en Andalucía denominado e-foro.

Last month we:

• responded to 75 enquiries
• made 65 decisions
  • 19 community care grants
  • 46 crisis grants
• upheld 53% of community care grants and 22% of crisis grants
• signposted an additional 119 applicants to other sources of assistance. 80% of these were calling us instead of their local council in error. Fourteen applicants told us that they had issues getting in touch with their local council as they as there was no freephone number and/or they encountered issues applying online
• received eight enquiries from councils seeking advice

Support and Intervention Policy

We escalated two new issues under level one of our Support and Intervention Policy. These concerned failing to record the decision in line with the guidance and incorrectly interpreting the available information. We also escalated a further issue, around failing to meet decision timescales, to level two.

Case studies

In recent weeks we have observed issues with councils incorrectly interpreting the available information. One example is highlighted below:

Incorrect interpretation of available information

Incorrect interpretation of available information C requested an independent review of the Council's decision on their crisis grant application. They applied for assistance with their food, gas and electricity as they had received a lower income due to being off work ill. As a result, they had struggled to manage their living costs.

The Council declined the application as no bank statement had been provided, and because C had received their benefit payment a few days prior to their application. C explained they did not have online banking and were too unwell to go to the bank to get a statement. They requested a first tier review of the decision but the Council did not change their original decision, stating that this was because C could not provide a bank statement and they therefore could not be satisfied that the application met the qualifying conditions.

We reviewed the Council’s file and contacted C by phone for further information. C provided a breakdown of how they had spent their income. They confirmed they did not have online banking and could not travel to their bank due to their health issues. We assessed that C provided a reasonable account of their expenditure and around why they could not obtain evidence from their bank. Based on the information available, we were satisfied on balance, that C was facing a crisis situation and that the conditions for an award were met. We changed the Council’s decision on the basis that they had incorrectly interpreted the available information and instructed them to make an award. We also provided feedback about the decision letters not being in line with the requirements of the guidance.

You can find more case studies in the searchable directory on our website.

The Ombudsman has made a series of suggestions to the European Personnel Selection Office (EPSO) to improve how it carries out tests as part of the recruitment of new staff into the EU civil service.

In particular, the Ombudsman suggested EPSO assess how its requirement that tests be carried out remotely impacts equality of opportunity. Where EPSO is unable to address the negative implications of remote testing on equality of opportunity, it should ensure candidates have the possibility to take tests in physical testing centres.

The Ombudsman also suggested that EPSO make sure technical requirements do not disadvantage or prevent certain candidates from taking remote tests, ensure candidates have access to instructions on troubleshooting and filing a complaint during testing, and review its guidelines on complaint handing.

Highlighting that clear information can enhance acceptance of testing requirements, the Ombudsman called on EPSO to explain more clearly on its website why requirements concerning equipment and the candidate’s physical testing area are necessary.

The Ombudsman opened an own-initiative inquiry into this issue after receiving a significant number of complaints about a particular selection procedure. She subsequently received similar complaints related to other selection procedures organised by EPSO in which remote testing was used. Issues cited by complainants included difficulties with the technical and physical requirements, technical problems during the tests, and EPSO’s communication around the selection procedure.