The best interest of children was not realised appropriately in two wellbeing services counties
Regulations on the accrual of funds for promoting independence should be specified to safeguard equality of children
Deputy-Ombudsman Mikko Sarja has resolved several complaints concerning the accrual of the funds for promoting independence referred to in the Child Welfare Act for children placed in substitute care. In two complaints, the wellbeing services counties had completely neglected the management of the child’s child support matter. In practice, this led to the children, who were in substitute care, losing a significant amount of funds. The Deputy-Ombudsman has requested that the wellbeing counties of Western Uusimaa and Southwest Finland report what measures his decision has given rise to.
According to Sarja, the passivity of the authorities has led to an outcome that is contrary to the best interests of the child, as the right to the funds for promoting independence laid down in the Act had not actually been realised. In his decision, he also refers to the Ombudsman’s previous interpretation (695/2018), according to which, after the entry into force of the Act on Child Maintenance Allowance, the wellbeing services county (previously municipality) placing the child in out-of-home-care must actively work to establish and collect the child’s child support so that funds for promoting independence can be accrued for the child from the child support payments or the child maintenance allowance received instead of the payments.
The funds for promoting independence are funds that are collected and saved for the child who is in substitute care. The purpose of the funds is to support the young person financially when they move to a place of their own and start living independently after having reached the age of majority.
Other complaints related to funds for promoting independence
In addition, Deputy-Ombudsman Sarja resolved three other complaints that also concerned shortcomings in the accrual of funds for promoting independence. In one of the complaints, the funds intended to promote independence had not accrued because the complainant’s parent’s paternity had not been established. The cases were from the time when municipalities were responsible for child welfare services, before the wellbeing services counties were established. The Deputy-Ombudsman proposed that the wellbeing services counties should conduct a reassessment of matters concerning children’s funds for promoting independence.
Practices of wellbeing services counties and unspecified legislation lead to unequal treatment
The Deputy-Ombudsman finds it alarming that the varying practices of the wellbeing services counties and ambiguities in legislation lead to unequal treatment of children. Many young people also do not receive information on how to apply for compensation for any missing funds.
Sarja emphasises that claims for compensation should primarily be processed in the wellbeing services county and that young people must be given clear guidance on how to exercise their rights.
Deputy-Ombudsman calls on the Ministry of Social Affairs and Health to take measures to clarify legislation
According to Deputy-Ombudsman Sarja, shortcomings in the accrual of the funds for promoting independence are regrettably common and would require a review of child welfare after-care and the provisions on the funds for promoting independence. The Deputy-Ombudsman has recommended that the Ministry of Social Affairs and Health take the necessary measures in the matter.
The Deputy-Ombudsman has requested that the wellbeing services counties subject to the complaint and the Ministry of Social Affairs and Health report by 31 August 2026 on the measures they have taken as a result of the decisions.
Deputy Ombudsman Sarja’s decisions no 240/2025 and 3212/2026 have been published (in Finnish) online at www.oikeusasiamies.fi.
Further information is available from Senior Legal Adviser Heli Karjalainen-Michael, tel. +358 9 432 3396.