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Regulatory Challenges for implementing the principle “Institution is last resort”

Regulatory Challenges for implementing the principle “Institution is last resort”. Ms. Vesna Bosnjak, Senior Expert, ISS International Social Services. The Themes. Last resort as a question of choice of services(s) and its temporal dimension Other procedural challenges Structural challenges.

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Regulatory Challenges for implementing the principle “Institution is last resort”

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  1. Regulatory Challenges for implementing the principle “Institution is last resort” Ms. Vesna Bosnjak, Senior Expert, ISS International Social Services

  2. The Themes • Last resort as a question of choice of services(s) and its temporal dimension • Other procedural challenges • Structural challenges

  3. Last resort as a question of choice of service(s) and its temporal dimension • Case manager accountability enforced with obligation to document activities related to examination of other service alternatives • Case manager accountability for preparing a child for change in placement • Case manager accountability enforced regarding efforts undertaken with family of origin to shorten child separation from family environment (family of origin or substitute family arrangement)

  4. Other procedural challenges • Admission criteria for residential institutions should not replace the decision on placement by a competent state organ • Accountability of service providers established and enforced in case of admission of service users without decision • Exceptions from above rule should be clearly states in law and secondary legislation (i.e. sheltering homeless, some interventions in crisis, legal aid and independent representation, counselling and home support services entirely paid by service user

  5. Structural Challenges • Statutory services should have discretionary power to outsource the provision of non-standardized support when the cost is lower (or equal) to the amount needed for residential care • Systems incentives for use of costlier services should be eliminated • How to stop entries in institutions when alternative service(s ) to be established call for ‘economies of scale’? • Money should follow the de-institutionalised child to avoid additional spending for alternatives (from unstable financial sources)

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