In her two recent decisions, Deputy-Ombudsman Susanna Lindroos-Hovinheimo has assessed the organisation of services for older persons with a memory disorder in situations where living at home has become unsafe. The cases concerned situations where an elderly person with a memory disorder had been left living alone at home and the spouse or other person close to them was no longer responsible for the person’s daily care.

In the wellbeing services county’s service system, the starting point had been that living at home and home care services must be tried before the person can apply for service housing with 24-hour assistance or before the service can be granted to them. According to the Deputy-Ombudsman, this interpretation of the legislation is incorrect. The starting point in the legislation is that an older client has the right to live in their own home and receive the services they need there if they so wish. However, the law does not oblige wellbeing services counties to test whether the services provided at home are sufficient in situations where the person’s health or life may be at risk. The right to life and necessary care must also be safeguarded when the person’s need for services is still being assessed.

The decisions highlighted situations in which a person who had a memory disorder and was living alone had been in serious danger. For example, the person had left their home at night and had not been able to get back in or had stayed outdoors without adequate clothing. Such situations had occurred more than once, even though the authorities were aware of the risks.

The Deputy-Ombudsman also considers it problematic that applications for 24-hour service housing have been delayed, or that clients and their family members have been led to believe that they cannot apply for the service before trying home care. The Deputy-Ombudsman reminds that the client always has the right to apply for a service and to receive a written, appealable decision on their case.

The Deputy-Ombudsman finds it alarming that similar problems have emerged repeatedly. According to her, this is a wider phenomenon in which incorrect operating practices and unlawful interpretations may prevent older persons with memory disorders from receiving the services they need in a timely manner. For this reason, the Deputy-Ombudsman has emphasised the need for guidance at the national level.

Decisions EOAK/608/2025 and EOAK/217/2025 have been published (in Finnish) on the website www.oikeusasiamies.fi.

Further information is available from Principal Legal Adviser Lotta Hämeen-Anttila, tel. +358 9 432 3353.