Accessibility of the special care service by court order

Session: The 15th Riigikogu, 6th Session, Information Hour

Date: 2025-10-22 15:10

Participating Politicians:

Total Speeches: 10

Membership: 15

Agenda Duration: 12m

AI Summaries: 10/10 Speeches (100.0%)

Analysis: Structured Analysis

Politicians Speaking Time

Politicians

Analysis

Summary

The second question today addressed the availability of specialized care services mandated by a court order. This question was posed to the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, by Riigikogu member Helmen Kütt. Kütt brought up a serious issue: several individuals who have been court-ordered into a closed specialized care facility (due to being potentially dangerous to themselves or others) are currently on a waiting list for the service. This creates significant difficulties for local governments and relatives, who are forced to ensure safety, often incurring extra costs. Kütt asked the Minister for advice on whether local governments should sue the state or submit invoices for the additional expenses to the Ministry of Social Affairs.

Minister Pakosta affirmed that Estonia is a state governed by the rule of law and that court decisions must be executed. She explained that legal remedies include appealing to the administrative court either via a mandatory action (where an administrative body has failed to act) or by claiming damages under the State Liability Act (e.g., costs for a security firm). The Minister stressed that while these legal avenues exist, the state's primary objective remains the swift and effective availability of services. In follow-up questions, Kütt highlighted that waiting lists are long even for transitioning to less restrictive services and inquired about the prospects for improvement in the 2025 budget. Pakosta acknowledged that she lacked a detailed overview of the Social Minister's administrative domain but affirmed the Ministry of Justice and Digital Affairs' stance that court rulings must be implemented, and the priority is ensuring the supervision of dangerous individuals, even if this requires temporary solutions that do not fully comply with service standards. Riina Sikkut connected the issue to the general underfunding of specialized care and sought the Minister's support for the Social Democrats' proposed budget amendment, which aims to create new spaces and ensure adequate wages. Pakosta responded that the draft budget does include a salary increase but reiterated that her priority remains ensuring public safety and the immediate availability of supervision.

Decisions Made 1
Collective Decision

Decisions were not made

Most Active Speaker
Helmen Kütt
Helmen Kütt

Sotsiaaldemokraatliku Erakonna fraktsioon

Helmen Kütt was an active questioner, posing two detailed questions that addressed both legal solutions for local governments and the problems of underfunding and waiting lists in special care services. (other)

Esimees Lauri Hussar
15:10:15
AI Summary

Chairman Lauri Hussar announced that on the agenda is a question addressed to the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, from Riigikogu member Helmen Kütt, regarding the availability of special welfare services mandated by a court order.

Helmen Kütt
Helmen Kütt
Profiling Sotsiaaldemokraatliku Erakonna fraktsioon
15:10:28
AI Summary

Helmen Kütt thanks the Minister of Justice and Digital Affairs, but draws attention to a contradiction where court orders for the placement of dangerous individuals into closed special care facilities remain unexecuted. This leaves local governments and relatives struggling, as these individuals pose a danger both to themselves and to others. Therefore, she asks the Minister what local governments should do in such a situation—should they take the state to court or submit an invoice to the Ministry of Social Affairs for the additional expenses?

Justiits- ja digiminister Liisa-Ly Pakosta
15:12:17
AI Summary

Justice and Digital Minister Liisa-Ly Pakosta explains that although the Republic of Estonia's goal is to ensure quick and effective access to services for people, administrative courts are provided for under the rule of law, where one can appeal in case of inaction or misuse by public authorities, either with an action for performance or by claiming damages under the State Liability Act.

Esimees Lauri Hussar
15:15:16
AI Summary

Chairman Lauri Hussar thanked the audience and then gave the floor to Helmen Kütt so she could ask a clarifying question.

Helmen Kütt
Helmen Kütt
Profiling Sotsiaaldemokraatliku Erakonna fraktsioon
15:15:19
AI Summary

Helmen Kütt highlights the critical situation in closed special welfare institutions (Viljandi, Merimetsa, Sillamäe), noting the lack of transitional service placements. Consequently, individuals whose condition is improving cannot be moved on due to lengthy waiting lists, which creates dangerous situations and staff shortages within the institutions. She requests that the Minister of Justice and Digital Affairs secure additional funding for the coming year to ensure that court orders can be executed and the situation alleviated.

Justiits- ja digiminister Liisa-Ly Pakosta
15:17:20
AI Summary

Justice and Digital Minister Liisa-Ly Pakosta conceded that she lacks a detailed overview of how the Social Affairs Minister's budget is allocated, but stressed that following consultations held with ministries and the Prosecutor's Office, the primary concern for the rule of law is ensuring the enforcement of court judgments and the existence of supervision over dangerous individuals, even if rapid reorganization efforts mean that service standards cannot be fully met.

Esimees Lauri Hussar
15:18:59
AI Summary

Chairman Lauri Hussar thanked [the previous speaker/the room] and then gave the floor to Riina Sikkut so she could ask a supplementary question.

Riina Sikkut
Riina Sikkut
Profiling Sotsiaaldemokraatliku Erakonna fraktsioon
15:19:02
AI Summary

Riina Sikkut emphasized that the problems in the special welfare sector, such as the shortage of places and long waiting lists, are exacerbated by long-term underfunding, which makes it impossible to cope with unexpected court orders. She further announced that because the draft state budget fails to solve this problem, the Social Democrats will submit an amendment proposal aimed at creating new service spots and ensuring a dignified salary for employees, while simultaneously questioning the minister about the necessity of this specific budget change.

Justiits- ja digiminister Liisa-Ly Pakosta
15:20:19
AI Summary

The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, confirmed the salary increase included in the draft state budget but distanced herself from the specifics concerning care home placements. She stressed that her area of responsibility involves ensuring general safety, which means that when special welfare services are mandated by court rulings, guaranteeing swift oversight is a top priority. This requires finding flexible solutions to address unexpected situations, thereby ensuring the protection of the individual's life and health.

Esimees Lauri Hussar
15:22:50
AI Summary

Chairman Lauri Hussar offered his thanks and announced that with that, the second item on today's agenda had been addressed and the discussion was concluded.