Coercive Measures issues

The Faroese Board of Appeal has broad jurisdiction in the field of coercive measures, covering a wide range of cases. The Board decides whether recommendations for coercive interventions from municipalities and the Department of Social Services can be approved, and it also handles complaints regarding implemented coercive interventions and certain decisions made by public authorities.

The Complaints Board handles recommendations concerning:

  • Relocation without consent
  • Monitoring and tracking systems
  • Special locking mechanisms for exterior doors
  • Detaining and returning a person
  • Physical restraint for hygiene or other reasons
  • Use of assistive devices
  • Restricting access to or monitoring use of the internet and telephone
  • Inspection of residence and personal belongings
  • Seizing personal belongings
  • Locking the residence at night

Relevant Considerations

Detailed requirements for how recommendations submitted to the Complaints Board must be formulated are laid out in § 24 of the Coercive Measures Act. Forms created with these requirements in mind can be downloaded from the Board’s website. Authorities are encouraged to use these forms to ensure high-quality and efficient case handling.

There are no formal requirements for how a complaint must be submitted to the Board. Complaints may be made verbally or in writing. A complaint form is available for download but is not mandatory.

The usual complaint deadline is 4 weeks from the date the measure was implemented or the decision made. If a coercive measure has been carried out based on an approved recommendation, it may still be reviewed again during its period of enforcement if it is believed that the measure no longer meets the necessary criteria. The Complaints Board may waive the deadline if there are special circumstances.

Authorities, management, and staff must be aware of their crucial role and ensure that individuals who may wish to appeal a measure or decision receive appropriate complaint guidance as soon as possible, so that the individual, their representative, or a relative may submit a complaint to the Board.

There are varying timeframes for when the Board must issue a decision. In most cases, a decision must be made within 14 or 30 days from receipt of the recommendation or complaint. In all cases, the Board aims to reach a decision as quickly as possible.

For questions or uncertainties regarding the coercive measures area or the Complaints Board, the Board is happy to provide guidance.

Legal Basis

The rules governing coercive measures issues are laid down in Act No. 73 of 25 May 2020 on Coercion and Other Interventions in the Right to Self-determination and Act No. 72 of 25 May 2020 on Social Security and Services

The rules governing the activities of the Faroese Board of Appeal are laid down in Parliamentary Act No. 147 of 25 November 2021 on the Faroese Board of Appeal and in Executive Order No. 161 of 14 December 2021 on the Rules of Procedure for the Faroese Board of Appeal.

The Faroese Board of Appeal

In coercive measures cases, the Faroese Board of Appeal typically consists of the Director and jurists. A relevant expert usually joins the Board in making a decision. Experts in coercive measures are typically psychologists, nurses, pedagogues, psychiatrists, or healthcare assistants. A list of such experts can be found on the Board’s website. Click here to view the experts.

Contact

Recommendations and complaints should be sent to:

Føroya Kærustovnur
Undir Hornabakka
Postboks 45
110 Tórshavn

or by email to: fks@fks.fo

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