In recent times, the ombudsman has been receiving complaints about restrictions on visiting hours in social service homes, known as DSS facilities. While the public defender does not have the authority to directly investigate the actions of social service homes, they have looked into how complaints have been addressed by supervisory authorities.
The public defender emphasizes the importance of respecting the right of social service recipients to freely contact their loved ones and the obligation of social service homes to consider the individual needs of their clients.
Maintaining contact contributes to the quality of life
In practice, there have been instances of restricted visiting hours. If the limitation is unreasonable, it may be in violation of the right of social service recipients to freely determine their daily schedule and the right to maintain contact with their loved ones. According to the Social Services Act, social service facilities (DSS) are required to provide their clients with the opportunity to receive visits at a suitable time and according to their preferences. This right is an integral part of the quality standards of the social service provided. Respecting this right directly impacts the quality of life of social service recipients.
Arbitrarily restricting contact is not permissible
The Social Services Act does not grant DSS directors the right to arbitrarily restrict the contact of DSS clients with their visitors. The adjustment of visiting hours must be in line with the individual needs of social service recipients. It must also reflect the preferences of social service recipients and ensure an adequate space for contact with family and the community. „Visiting restrictions must be justified and reasonable. Even if visiting hours are established, there should be no arbitrary infringement on the rights of social service recipients. DSS facilities are obligated to ensure that their internal rules consider the individual needs of clients and respect their rights to maintain contact with their loved ones,“ adds the public defender.
Declared unlimited visits, but the reality is different
The Office of the Public Defender of Rights conducted an analysis of the house rules of randomly selected DSS facilities. It revealed that while many facilities allow visits without significant or almost no restrictions, some of them precisely define visiting hours. „Precisely defined visiting hours can lead to a violation of their clients‘ rights to free contact with their loved ones and to freely determine their daily schedule. In case of suspected violation of the law in providing social services, it is possible to contact the Social Affairs Inspection or the regional self-governing authority,“ states the public defender.
What about the flu season?
In the context of an approaching flu or other epidemic, the Public Health Office and regional public health authorities may temporarily restrict or prohibit visits to DSS clients in the interest of health protection or order isolation or quarantine. In such cases, personal visits to DSS clients may be limited. „However, any restrictions must be clearly and transparently communicated. They must respect the human dignity of social service recipients,“ warns the public defender.
By shedding light on the importance of maintaining contact and the rights of social service recipients, the public defender aims to ensure that social service facilities uphold the dignity and well-being of their clients.