I. Verifications and measures undertaken by the People’s Advocate for the protection of elderly persons institutionalised in residential care centres

Abuse and ill-treatment in centres for elderly persons, including unauthorised or informal facilities

The People’s Advocate handled a number of cases involving the living conditions of beneficiaries accommodated in residential social care services, as well as the operation of unlicensed centres.

In the cases examined by the People’s Advocate, issues relating to accommodation conditions, the provision of medical care, the quality of food and the manner in which institutionalised persons were cared for were analysed, following both complaints and own initiative actions. In this context, specific measures were undertaken consisting of requesting the competent authorities vested with inspection and sanctioning powers to carry out verifications, in accordance with their legal competences.

Where necessary, the People’s Advocate ordered its own investigations in order to verify the reported issues, followed by notifications addressed to the competent authorities and, where appropriate, by the issuance of recommendations.

For example, at the Hotarele Residential Centre, Giurgiu County, deficiencies were identified regarding hygiene and medical care, consisting of the lack of hygiene products in sanitary facilities, the improper use of cleaning materials, the presence of insects, insufficient ventilation of rooms and the persistence of unpleasant odours. Following the investigation carried out, the People’s Advocate issued Recommendation No. 194/2025 to the management of the General Directorate for Social Assistance and Child Protection of Giurgiu County (DGASPC Giurgiu), requesting measures to improve the beneficiaries’ care and hygiene conditions, the assessment of beneficiaries’ health status, the provision of rehabilitation services and the possibility of daily bathing, the remedying of material and hygiene deficiencies, as well as the improvement of ventilation conditions and insect control.

Given the vulnerability of institutionalised persons, especially elderly persons and persons with disabilities, the police authorities and the prosecutor’s office were also notified in certain cases.

In most of the cases analysed, the People’s Advocate identified problems in residential centres for elderly persons and persons with disabilities, consisting of inadequate accommodation and hygiene conditions, deficiencies in the provision of food, a lack of qualified staff, as well as non-compliance with minimum quality standards and operational rules.

Other serious situations concerned overcrowding, as in the case of the “Casa cu Magnolii” centre in Giurgiu County, the use of non-compliant food products, including expired food, the lack of adequate medical care, as well as cases involving the severe deterioration of beneficiaries’ health conditions, including a suspicious death occurring in the context of inadequate care, in the case of a beneficiary accommodated in an illegal centre in Voluntari, Ilfov County. More specifically, in case file No. 6271/2025, the People’s Advocate initiated an own-initiative inquiry following press reports concerning an illegal centre for elderly persons in Voluntari, where social inspectors found several elderly persons living in precarious conditions, without documents attesting to the lawfulness of the centre’s operation, while one of the residents died on the way to hospital.

Furthermore, in the case of a centre in Ariceștii Rahtivani, Prahova County, unsafe food products, unsanitary conditions and deteriorated furniture were identified, while the activity of the food preparation unit was suspended, the non-compliant food products were destroyed and sanctions were imposed.

In some cases, breaches of the legal rules governing the operation of residential centres were identified, including sanitary non-compliance, for which sanctions were imposed and remedial measures ordered, while in other situations negligence in care, the absence of rehabilitation activities and deficiencies in respecting the rights of beneficiaries were identified.

Although some of the deficiencies were subsequently remedied and certain facilities either became compliant with legal requirements or implemented corrective measures, these cases consistently highlight systemic vulnerabilities concerning the protection of institutionalised persons and the need for stricter and continuous oversight by the competent authorities.

The analysis of the cases highlighted the need for constant monitoring of public and private residential centres, as well as the importance of firm intervention by the authorities, including not only inspections, but also the imposition of sanctions and the adoption of concrete protective measures. Such an approach contributes to improving living conditions and ensuring the effective protection of the rights of institutionalised persons.

II. Unauthorised residential centres and serious risks for vulnerable persons

A particularly worrying issue concerns the operation of unlicensed centres, a recurring problem generated by the increased demand for institutional care services and the insufficient response of the State.

In this context, certain entities resort to unlawful practices in order to avoid or simplify authorisation procedures, including situations in which social service providers altered their registered scope of activity so that residential care homes for elderly persons formally became accommodation facilities intended for residential use, rented to beneficiaries while, in parallel, care and supervision services continued to be provided outside the legal framework specifically applicable to social services, thereby endangering the beneficiaries’ safety, dignity, health and lives.

For example, in case file No. 39097/2025, the People’s Advocate found that a centre for elderly persons, and subsequently, following the commencement of the inspections, more than 40 such centres were identified, had formally changed its scope of activity and was operating through a structure of commercial companies combining the rental of accommodation spaces with the provision of care services outside the legal framework applicable to social services. In reality, the activity carried out was similar to that of a residential care centre for elderly persons, although the beneficiaries were accommodated on the basis of rental agreements. The authorities identified possible breaches of the law, including the filing of criminal complaints for the unlawful exercise of regulated activities. (...)