Purpose of the Duty to Act
The purpose of the duty to act is to ensure that the kindergarten responds quickly and appropriately when one or more children do not feel safe and well in the kindergarten environment.
The duty to act is triggered when a child, or several children, experience that the kindergarten environment is not safe and supportive. The assessment of whether a child has a safe and supportive psychosocial environment must be based on the actual impact the environment has on the individual child or children. Children differ, and this must be taken into account. The concept kindergarten environment is used here as the law’s §§ 41–43 concern the psychosocial environment.
The Duty to Act includes five sub‑duties:
- Duty to monitor
- Duty to intervene
- Duty to report
- Duty to investigate
- Duty to implement measures and evaluate
Sub‑duties 1 and 2 must be incorporated into the kindergarten’s local anti‑bullying action plans.
For all reports related to §§ 41–43, a case log (“stafettlogg”) must be created in Visma Sampro. The template is intended as a tool to systematize and easily document the work related to sub‑duties 3–5. The general manager is responsible for creating this case log.
1. Duty to Monitor
All staff members have an individual duty to monitor. The child’s age, the building layout, and local circumstances influence what, who, and where staff should observe.
“Anyone working in the kindergarten must report to the general manager if they suspect or become aware that a child does not have a safe and positive kindergarten environment.”
– Kindergarten Act § 42
The general manager is responsible for ensuring that everyone working in the kindergarten is familiar with the local anti‑bullying action plans.
The kindergarten must assess whether any child is more vulnerable to harm or to harming others. It must also determine which tools will be used to uncover hidden situations.
The general manager is responsible for ensuring these tasks are carried out in collaboration with the pedagogical leader. Tasks may be delegated to staff.
2. Duty to Intervene
The duty to intervene means stopping negative behavior or incidents directed at other children immediately.
This duty is not the same as the duty to implement long‑term measures.
Intervention happens in the moment, while the broader duty to act concerns following up situations where one or more children do not feel safe or well.
3. Duty to Report
The duty to report applies to all employees. It is an individual obligation.
There must be a low threshold for reporting.
The duty to act is tied to the question:
“Does the child have a safe and supportive psychosocial kindergarten environment?”
Suspicion or knowledge that a child is not safe or well may arise from:
- The child tells someone
- Parents inform staff
- Staff suspect or notice changes in a child’s behavior, group dynamics, or the kindergarten environment
The duty to act is triggered when:
- There is suspicion or knowledge that a child is not safe or well
- The child expresses or shows that they do not feel safe
- Parents report that their child does not feel safe psychosocially
The general manager is responsible for ensuring that reports are handled appropriately. This responsibility cannot be delegated, though tasks may be delegated.
The general manager must:
- Notify the unit manager as soon as an action plan is created
- Keep an overview of the number of reports and ongoing cases
- Report serious cases to the kindergarten owner
Serious cases include:
- A staff member harming a child
- Violent or degrading incidents
- Cases that the kindergarten has not managed to resolve over time and must be escalated to the municipal authority
4. Duty to Investigate
An investigation must gather enough information to uncover what has happened and whether a child feels unsafe. The threshold for investigating must be low.
Investigations aim to understand the child’s experience — not to prove or disprove whether bullying or harm occurred.
Investigations include:
- Mapping
- Observation
- Conversations with the child, parents, and staff
Findings must be factual and give the kindergarten sufficient understanding to implement appropriate measures.
The child’s experience must be validated and never minimized.
The child’s and parents’ subjective experience forms the basis for determining what is safe and supportive for that child.
The focus should remain on the child’s perspective, without interpreting the situation through the kindergarten’s own assumptions or past experiences.
Reports or summaries from conversations may be attached to the investigation template.
5. Duty to Implement Measures and Evaluate
The kindergarten must prepare a written action plan when measures are necessary. The plan must include:
a) The situation/challenge the measures address
b) Which measures are planned
c) When the measures will be implemented
d) Who is responsible for implementing each measure
e) When the measures will be evaluated
Measures must be concrete and understandable to all parties. It is important to include measures that address the whole child group, not only individual‑directed actions.
Action Plan
The action plan is a dynamic document. Measures can be added or adjusted when needed.
- The child who is harmed and the child who harms must each have their own action plan.
- Other children mentioned must be anonymized.
- Since the action plan is not an administrative decision, it does not give legal rights to parties or access for others.
The child’s and parents’ subjective experiences must be described objectively.
The kindergarten must not define the parents’ or child’s perceptions — the staff’s assessment is written separately.
The kindergarten must choose measures based on the investigation and what will help the child feel safe.
Children and parents have the right to be heard when choosing measures.
The general manager determines the final measures.
The kindergarten must continuously evaluate whether measures are in the child’s best interest and whether they ensure a safe and supportive environment.
Parents participate in evaluation meetings; the child participates when appropriate.
Follow‑Up After Measures Are Completed
The purpose of follow‑up after closing a case is to ensure that situations or incidents do not reoccur.
Before the case is formally closed, the general manager must check:
- How the child is doing in the kindergarten
- How the parents and the reporting person experience the situation
This must be done at planned intervals.