Children's home, juvenile correctional centre or prison? The Ombudsman's inquiry in the special children's home in Fót

Press release:

Children's home, juvenile correctional centre or prison? The Ombudsman's inquiry in the special children's home in Fót

The special children's home in Fót reminds the Commissioner for Fundamental Rights of a law enforcement institution. On the basis of the on-the-spot inquiry and those laid down in the institution's documents Máté Szabó has found that in the institution, which cares for children with psychological problems, measures restricting liberty of the person are applied even in the absence of dangerous conduct as defined in the Child Protection Act.

The institution was opened at the end of 2010 but due to the low quality of the building materials used it already needs renovation. Every door and window of the building is equipped with bars. The different parts of the building and the rooms are locked, and the sports ground in the court yard and the walls of the building overlooking the sports ground are surrounded with barbed wire up to the height of a storey; according to the educational programme of the institution this is necessary in order to prevent the children in their care from leaving without permission. The fact that in the children's home in Fót a security guard and a policeman are also employed as child supervisors enhances the institution's juvenile correctional or law enforcement character.

The children are private students at the Juvenile Correctional Centre of Aszód, but it is the teachers of the children's home who prepare them for their exams. In the opinion of the Commissioner the private student arrangement with the juvenile correctional centre seems to suggest as well that the inmates are serving a sentence. In addition, the educational programme of the institution states that children under disciplinary punishment may not receive visitors.    

According to the Commissioner the restriction of fundamental rights may be justified in the case of children if it serves their protection. The Child Protection Act stipulates that measures restricting the personal liberty of children needing special care or educational supervision may only be applied in absolutely justified cases where the children might put themselves or other children in danger. So far the institution has not requested that educational supervision be ordered but on the basis of those laid down in the documents of the institution and of those experienced during the inspection the Ombudsman has established that the children's home applies measures restricting the liberty of the children in their care even in the absence of dangerous conduct as defined in the Child Protection Act.

The inquiry of Máté Szabó has found that so far neither the maintainer of the institution, nor the social and guardianship authority has conducted supervision. In the report closing the inquiry the Commissioner for Fundamental Rights has established improprieties relating to legal certainty, to the right to liberty of the person and to the right to protection and care of children living in child protection institutions. The Ombudsman has therefore requested the Minister of Human Resources, the head of the social and guardianship authority and the director of the institution to put an end to these improprieties.