If URI Soča and the ZPIZ do not provide expert opinions in a timely manner in accordance with the ZSVI, centres for social work cannot issue the relevant decisions within the deadlines set by the ZUP. The Ombudsman is satisfied that the MDDSZ has also contractually arranged and entrusted the preparation of expert opinions to the rehabilitation teams within URI Soča, as this should ensure faster processing of applications and expert preparation of opinions. The Ombudsman expects that there will be no more backlogs, but will continue to pay attention to these cases in the future.

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The Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) received a letter from the Association of Social Work Centres of Slovenia (SCSD) regarding the lengthy procedures for providing expert opinions by the University Rehabilitation Institute of the Republic of Slovenia Soča (URI Soča) and the Pension and Disability Insurance Institute of Slovenia (ZPIZ) under the Social Integration of Disabled Persons Act (ZSVI). In some cases, the wait for opinions from URI Soča took more than eight months. In its letter, the SCSD also questioned the expert opinions from URI Soča provided in these procedures, in which it was stated that an opinion could not be provided because it was not possible to determine whether a person "cannot integrate into society and ensure social security", and that therefore, first (most often) inclusion in employment rehabilitation is proposed.

The Ombudsman made several inquiries with the Ministry of Labour, Family, Social Affairs and Equal Opportunities (MDDSZ), which explained that it is aware of the above-mentioned issues and is actively resolving them by contractually regulating the preparation of expert opinions with URI Soča and entrusting them to rehabilitation teams within the URI Soča Vocational Rehabilitation Centre, which would ensure faster processing of applications and professional preparation of opinions. The Ombudsman was subsequently informed by the MDDSZ that the contract on the preparation of expert opinions for the needs of disability assessment under the ZSVI with URI Soča for the years 2024 and 2025 was signed in September 2024 and that it also defines, among other things, the obligation of the contractor to prepare the opinion responsibly, professionally, and in accordance with the Code of Ethical Principles in Social Care and that the opinion is so reasoned that it will be clear from it whether the beneficiary meets the conditions under Paragraph 1 or 2 of Article 3 of the ZSVI. The MDDSZ warned URI Soča that when preparing expert opinions, it must take into account the deadlines within which the competent CSD must issue a decision. The Ombudsman recommended to the MDDSZ that in future such contracts, within the framework of the deadline for deciding on the right under the ZSVI, also specify a deadline for issuing opinions by URI Soča.

In relation to the opinions issued by the ZPIZ under the ZSVI, the MDDSZ informed the Ombudsman that it had conducted a time analysis of the opinions received on a sample of 60 cases and found that the average time for the preparation and sending of the ZPIZ opinion is approximately ten weeks, regardless of whether it is a first- or second-instance expert body. The MDDSZ informed the ZPIZ of its findings and reminded it to take into account Article 222 of the General Administrative Procedure Act (ZUP) when preparing expert opinions, according to which the competent centre for social work must issue a decision and serve it on the party as soon as possible: if a special declaratory procedure is not required, no later than within one month, and in other cases no later than within two months of receiving a complete application.

Given the explanations provided by the MDDSZ, the Ombudsman expects that there will be no more backlogs, and he will continue to pay attention to these cases in the future. 9.5-14/2024