In her complaint, the complainant highlighted to the Ombudsman the unequal position of assisted living apartment tenants. According to her, in certain assisted living apartments, the possibility of providing services to tenants of assisted living apartments should be guaranteed, but not in some other assisted living apartments. She also sent a letter to the Ministry of Solidarity-Based Future, but did not receive a response until the Ombudsman intervened. The Ombudsman concluded that the Ministry of Solidarity-Based Future did not reply to the complainant's letter for more than a year and thereby violated the principle of good management from Article 3 of the Human Rights Ombudsman Act and the obligation to respond to letters from Article 17 of the Decree on Administrative Operations. After the Ombudsman's intervention, it responded immediately and sent a reply to the complainant. When considering the complaint, the Ombudsman noticed a number of shortcomings in the arrangement of the system of assisted living apartments; therefore, on the basis of the Paragraph 2 of Article 9 of the ZVarCP, he decided to open the broader issue.

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The complainant warned the Human Rights Ombudsman (Ombudsman) about violations in the area of assisted living apartments. The complainant highlighted above all the unequal position of assisted living apartment tenants, with certain assisted living apartments supposed to provide care, while some others do not. In relation to the allegations, the complainant addressed a letter to the Ministry of Solidarity-Based Future (MSP), but received a reply only after the Ombudsman's intervention, i.e. more than a year after the letter was sent to the MSP. The MSP apologised to the complainant and explained that in this particular case there was a mistake, as they had prepared the answer, but it had not been sent for signing.  

The Ombudsman received an explanation from the Real Estate Pension and Disability Insurance Fund (Fund), which owns the assisted living apartment in which the complainant's parents live, that when planning and building the facility, it strictly follows regional regulations, including the Rulebook on Minimum Technical Requirements for the Construction of Assisted Living Apartments for the elderly and about the way to ensure the conditions for their operation.[1] They explained that e-care services are provided in accordance with the Agreement on Cooperation with Telekom Slovenije, with which Telekom Slovenije, as a registered contractor, assumed the obligation to provide the service for the provision of the home assistance service (which, in accordance with the Regulations, can replace basic and social care), and the Fund concluded an Agreement on the provision of the service with the Maribor Home Help Centre, whereby the Maribor Home Help Centre assumed the obligation to provide the service as a registered contractor. In relation to the provision of health care and nursing services in accordance with the health care regulations, the Fund explained that it is not itself registered to perform this activity and that the provision of these services is difficult to ensure in the current situation, as providers who would be willing to accept this type of commitment are not able to due to lack of personnel. The Fund explained that it had also made the MSP aware of the issue of subsidised housing, because in their opinion it will not be possible to guarantee rights without appropriate comprehensive system solutions.

The Ombudsman received an explanation from the Fund that tenants are informed in different ways about the possibility of using (upon payment) e-care (personal telephone alarm for remote assistance) and help at home, namely at the stage of the tender for renting an assisted living apartment, and later also with the rental agreement and notice on the noticeboard of the facility. The Fund also informed the Ombudsman that already in early 2023, it had addressed a letter to the Ministry of Labour, Family, Social Affairs and Equal Opportunities (MDDSZ), in which the MDDSZ proposed changing the rules and systematising the field of ​​assisted living apartments.

The MSP explained to the Ombudsman that it is aware of the need to establish a transparent system of care in assisted living apartments, which would provide every resident with comparable conditions anywhere in the country, and that several meetings and other activities have already been held in order to settle open matters in this area with representatives of the Directorate for Housing and Directorate for the Elderly, Long-Term Care, and Deinstitutionalisation.

The Ombudsman concluded the consideration of the specific complaint when the MSP replied to the complainant's letter, but in view of the many perceived shortcomings of the system of assisted living apartments, he decided to open a broader issue based on Paragraph 2 of Article 9 of the ZVarCP; therefore, he will carefully monitor the concrete steps and activities of the authorities monitored in the future as well. Indeed, he assessed that it is an important issue of the protection of human rights and fundamental freedoms and the legal security of citizens in the Republic of Slovenia, both in the light of the desire for deinstitutionalisation and in terms of the opportunity to place assisted living apartments in the long-term care system, which until this case was completely overlooked. 9.7-16/2023

[1] Official Gazette of the RS, no. 110/2004, 81/2009, 17/2011.