2020
DOI: 10.1177/1103308820914810
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Error Correction of Restrictive Measures: Appeals Made by Young People in Care

Abstract: The article examines appeals against restrictive measures in child protection submitted to and decided upon by administrative courts in Finland. Restrictive measures used in care restrict children’s and young people’s fundamental and human rights considerably, meaning ‘confinement in fractions’. Therefore, young people’s access to justice is an important issue in situations in which they consider an error to have been made. We study appeals as a form of legal safety and as a means of error correction. Althoug… Show more

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Cited by 7 publications
(4 citation statements)
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“…Their accounts convey a vague understanding of decisionmaking processes and how to influence these processes. This resonates with other studies finding the child welfare system adult-centered, such as children having poor insights regarding their rights and access to the complaints system (Kalliomaa-Puha et al, 2021;Kloppenborg and Lausten, 2020), and municipal boards adjudicating care orders largely in accordance with the assessment and recommendation proposed by the case manager or local authority (Forkby et al, 2016). While children's rights have informed legislation by establishing Children's Hearings, access to complaint systems, and the right to an advocate, empirical research documents that children's participation remains impaired by adult-centered understanding of children's needs.…”
Section: Concluding Discussionsupporting
confidence: 84%
“…Their accounts convey a vague understanding of decisionmaking processes and how to influence these processes. This resonates with other studies finding the child welfare system adult-centered, such as children having poor insights regarding their rights and access to the complaints system (Kalliomaa-Puha et al, 2021;Kloppenborg and Lausten, 2020), and municipal boards adjudicating care orders largely in accordance with the assessment and recommendation proposed by the case manager or local authority (Forkby et al, 2016). While children's rights have informed legislation by establishing Children's Hearings, access to complaint systems, and the right to an advocate, empirical research documents that children's participation remains impaired by adult-centered understanding of children's needs.…”
Section: Concluding Discussionsupporting
confidence: 84%
“…But for seclusion, nothing is required' (Nolbeck et al, 2020, p. 9). This illustrates how confinement can be experienced in fractions (Kalliomaa-Puha et al, 2021), implying that adolescents can be placed in time-out or isolation within a locked institution. Some institutions have a low-stimuli room, which is used for distressed persons who are considered a risk to themselves or others.…”
Section: Restrictions Of Mobilitymentioning
confidence: 99%
“…While children are in care, their rights for contact and movement, for example, may be restricted under certain conditions following a decision of restrictive measures. Such restrictions may be carried out only for the best interest of the child and never for the sake of punishment (Kalliomaa-Puha et al, 2021).…”
Section: Study Context: a Short Overview Of Alternative Care In Finlandmentioning
confidence: 99%