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Download in Word format §1 Purpose §7 Entry into force, etc. INSTRUCTIONS FOR THE OMBUDSMAN FOR CHILDREN
The purpose of this Act is to contribute to promoting the interests of children in society.
§2 Ombudsman for Children
The King shall appoint an Ombudsman for Children for a period of four years.
§3 Duties of the Ombudsman
The duties of the Ombudsman are to promote the interests of children vis-à-vis public and private authorities and to follow up the development of conditions under which children grow up.
In particular the Ombudsman shall:
a) On own initiative or as a hearing instance protect the interests of children in connection with planning and study-reports in all fields,
b) Ensure that legislation relating to the protection of children’s interests is observed, including if Norwegian law and administrative routines are in accordance with Norway's obligations according to the UN convention on the Rights of the Child,
c) Propose measures that can strengthen children's safety under the law,
d) Put forward proposals for measures that can solve or prevent conflicts between children and society,
e) Ensure that sufficient information is given to the public and private sectors concerning children's rights and measures required for children.
The Ombudsman may act on own initiative or at the request of other people. The Ombudsman for Children himself decides whether an application offers sufficient grounds for action.
§4 Access to institutions and duty to provide information, etc.
The Ombudsman shall have free access to all public and private institutions for children.
Government authorities and public and private institutions for children shall, notwithstanding the pledge of secrecy, give the Ombudsman the information needed to carry out the duties of the Ombudsman pursuant to this Act. Information that is needed for the accomplishment of the Ombudsman's tasks pursuant to §3, second paragraph, litra b, may also, notwithstanding the pledge of secrecy, be demanded from others. When information can be demanded pursuant to this item, it may also be required that records and other documents be produced.
The rules laid down in subsection 1, 204 and §§205-209 of the Civil Disputes Act are correspondingly applicable to the Ombudsman's right to demand information. Disputes as to the application of these rules may be brought before the District and City Courts, which decide the question by a court ruling.
§5 Statements from the Ombudsman
The Ombudsman has the right to make statements concerning conditions included in his working sphere, according to this Act and the Instructions for the Ombudsman. The Ombudsman himself decides to whom these statements shall be directed.
§6 Instructions for the Ombudsman
The King lays down general instructions for the organisation and procedures of the Ombudsman. Beyond this the Ombudsman carries out his functions independently.
This Act is also applicable to Svalbard.
The Act shall enter into force from the date prescribed by the King.
Laid down by Royal Decree of September 11. 1981 with changes last by Royal Decree of July 17. 1998.
§1 Duties
In accordance with these instructions the Ombudsman for Children shall carry out the duties of the office according to the Act relating to the Ombudsman for Children. The Ombudsman in pursuing his duties shall work to ensure that the needs, rights and interests of children are given the necessary consideration in all areas of society. The Ombudsman does not have the authority to decide cases or set aside decisions in the administration. The term children shall here be understood to mean persons up to the age of majority.
The Ombudsman should ensure that the public is informed about his work.
§2 How cases are taken up
The Ombudsman takes up cases on his own initiative or at the request of other people.
Anyone may apply to the Ombudsman. The Ombudsman shall ensure that verbal applications are put into writing.
A person applying to the Ombudsman should, in so far as possible, explain the grounds for the application and submit whatever information and documents are available in this case.
If an application concerns a specific child and the application does not come from the child itself, the Ombudsman shall not deal with the case without the permission of the relevant child. When the child's age so indicates, the permission of the guardian shall also be obtained. If general considerations so indicate, the Ombudsman may deal with the case even though permission as mentioned above has not been obtained.
§3 Rejection
The Ombudsman shall reject applications concerning specific, individual conflicts between a child and its guardians, between the guardians mutually concerning the exercise of parental responsibility and similar matters. The Ombudsman shall also reject applications that partly cover such conflicts, unless the Ombudsman, after a concrete assessment, finds that the interests of the child obviously will be neglected through this rejection.
The Ombudsman shall in such cases give the reason for the rejection and offer information about any existing instances established for the purpose of handling conflicts of this nature.
A rejection by the Ombudsman cannot be appealed.
§4 Referrals
Applications relating to conditions that in the main concern questions relating to the application of the law or the handling of the case are to be referred by the Ombudsman to the Storting's Ombudsman for Public Administration when this is relevant.
If an application concerns a situation that may be brought before an administrative agency, the person applying to the Ombudsman for Children shall be advised to take the matter up with the relevant body. The Ombudsman himself may also send the matter to this body.
If an application concerns a situation which can be referred to the Public Prosecution Authority or a special supervisory body, after a more detailed investigation of the circumstances of the case the Ombudsman may send the case to the relevant authority if the conditions pursuant to subsection 6 of §13 b of the Public Administration Act obtain.
§5 Shelving of cases
If the Ombudsman finds that application has been made for a situation that does not offer grounds for criticism or for any other follow-up procedure, the case may be shelved. The Ombudsman may also shelve a case if the situation that the application concerns has been remedied or has ceased to exist.
At any stage in the proceedings, the Ombudsman may also shelve a case for reasons connected with work. However, the Ombudsman should try to deal with a representative selection of cases.
Anyone who has applied to the Ombudsman shall be informed of the shelving of the case and the reason for this.
The shelving of the case by the Ombudsman cannot be appealed.
§6 Rules for dealing with cases
Chapters I-III of the Public Administration Act and the Freedom of Information Act are applicable to the activity of the Ombudsman.
Before making his statement the Ombudsman shall ensure that the case is clarified as far as possible. The Ombudsman determines what steps should be taken to clarify the circumstances in the case.
Also when this does not follow from other rules the Ombudsman shall preserve secrecy about the source of information he has used when the source has expressly requested this, or if the Ombudsman finds this appropriate on behalf of the child.
§7 The Ombudsman's statement on the case
The Ombudsman shall personally adopt a standpoint on all cases that have been taken up for discussion and have not been shelved pursuant to §5 of the Instruction. As a basic rule the opinion of the Ombudsman shall be formulated as a written statement, giving the grounds for this.
The Ombudsman himself decides to whom the statement shall be directed. The statement can also be directed to the press and the broadcasting corporation or others to the extent that the Ombudsman finds expedient.
The Ombudsman shall not express an opinion on the position in regard to the law when the Storting's Ombudsman for Public Administration has made a statement or when the situation has either been decided by the courts or has been brought before the courts for a decision.
Neither shall the Ombudsman express an opinion in cases that are under police investigation and where children might have been exposed to acts in violation with the law, insofar as somebody is under suspicion or indicted in the case. Even so, the Ombudsman may criticise the factual and legal situation that has been revealed by the Ombudsman for Public Administration's statement, by the police investigation or by the decision of the courts.
§8 Annual Report
Each year by 1.April, the Ombudsman shall submit a report to the Ministry about his activities in the preceding calendar year.
The report shall be available to the public.
§9 Personnel and financial administration
The Ombudsman is appointed in the Council of State for four-years at a time. No one an be Ombudsman for more than a total of eight years.
The Ombudsman has a secretariat available to him to assist with his work. The staff of the secretariat is employed according to rules laid down by the Ministry.
The Ombudsman himself appoints one of the staff as permanent deputy for the Ombudsman. The Ombudsman and his Executive Officers should have varied professional backgrounds.
The rules for the administration of the finances in the Ministries and the rules for the organisation and work procedures of the Ministries shall be applicable insofar as possible.
§10 The Advisory Board for the Ombudsman for Children
Repealed by Royal Decree of 17 July 1998.
§11 Entry into force
These instructions enter into force immediately.