Government must choose between care places and court battles

Estonia’s government must decide whether to fund more special care places or provide money for legal disputes and compensation involving people with mental health conditions and intellectual disabilities, ERR reported.

The Supreme Court ruled in the spring that anyone who needs a place in a special care home must be provided with one. People in need cannot be left on an indefinite waiting list because of a lack of funding or available places, the court found.

Waiting lists for special care have not shortened since the ruling. The Social Insurance Board said about 2,200 people were still waiting at the beginning of August, including 755 who would accept a place immediately if one were offered.

Special care homes are primarily intended for people with severe mental health conditions or intellectual disabilities who need special guidance or supervision to prevent them from posing a danger to themselves or others because of their condition.

Most of those waiting are currently at home, where relatives care for them. “We have many people who could contribute as taxpayers but are caring for a close relative instead,” said Kristi Kähär of the Estonian Chamber of People with Disabilities.

Social Minister Karmen Joller plans to request an additional 200 million euros for the next four years to create new special care places, including 20 million euros for next year.

Social Affairs Ministry Secretary General Maarjo Mändmaa said that if additional funding is not allocated and the planned number of places is not created, the ministry will ask the government for money to defend cases brought by people with disabilities and pay compensation.

The Social Insurance Board calculated that if 700 people on the special care waiting list took legal action next year and sought compensation, court proceedings and payments would cost the state about four million euros.

“Looking at that amount, the money should go into providing special care services, not into arguing through the courts,” Mändmaa said.

Disability chamber urges people to go to court

The Estonian Chamber of People with Disabilities is already advising people and their relatives to seek help through the courts.

“It is certainly not reasonable for all 800 people who need a place to start spending their time at court doors. But until there is a budget decision, this is one option people can pursue,” Kähär, an adviser to the chamber, said.

Complaints can be filed with an administrative court. The chamber also has a lawyer who can help prepare complaints free of charge for people who cannot do so themselves.

Several people have already called the chamber for advice about going to court. “We do not yet have a specific case on our desk, but we very much hope that someone will be willing to go to court,” Kähär said.

Judge says court battles are not acceptable solution

Ivo Pilving, chairman of the Supreme Court’s Administrative Law Chamber, said people could turn to the courts if they had no other option.

“If there is no other option, the legal route must be taken, but it is not a normal solution for a person with special needs to have to go to court to fight. Making people who are already in a difficult and vulnerable situation fight for their rights is certainly not a practice that the Estonian state deserves,” Pilving said.