The municipality's responsibility for ensuring the right expertise in BPA schemes

The Norwegian Directorate of Health has provided answers to Løvemammaene' questions about the municipality's responsibility in BPA schemes; The municipality must ensure that the assistants have the competence your child needs, including when it comes to sign language, ASK or other adapted communication. The child must receive services that are of sufficient professional quality, and the offer must be dignified and justifiable.

The Directorate of Health emphasizes that the municipality is always responsible for ensuring that the services provided are appropriate, even when they are organized as BPA. BPA is not a separate service, but only a form of organization – and this does not exempt the municipality from the obligation to ensure quality, competence and safety.

The requirement of due diligence is a fundamental principle in health and care services. If the child needs environmental expertise, sign language, ASK or other skills from the assistants, the municipality must ensure that employees with the right expertise are recruited. What expertise is necessary must be assessed specifically in each individual case. The municipality's responsibility also applies when private suppliers are used.

Communication is part of responsible services

In order for your child to receive good services, the assistants must be able to understand the child, communicate in the child's language or manner, and give and receive information in a way the child can accept. Lacking this competence, the service may be considered irresponsible. Your child has the right to assistants who understand and can communicate with them.

The municipality's responsibility for recruitment and training

If assistants need to have special skills in order to provide appropriate services, such as language skills, such as sign language, ASK or other competence, the employer must ensure that assistants with such competence are recruited, or ensure that the assistants receive the necessary training. This is the responsibility of the municipality.

What does this mean in practice?

• The municipality has a duty to ensure that assistants in BPA can communicate with the child or adult receiving the services.
• Lack of sign language/communication skills can make the service irresponsible.
• Parents' and children's opinions in the planning and design of services should be given heavy weight.

Here you can read the full response from the Norwegian Directorate of Health: