compulsory psychiatric care
73
a maximum of eight hours. If there are special reasons, a decision on segregation may contain to a fixed period exceeding eight hours.9
According to the National Board of Health and Welfare’s regulations, the
decision-making doctor must examine the patient before a decision is made
on restraint for longer than four hours or on segregation for longer than
eight hours.10 The provision is intended to ensure a legally secure assessment
is made before a decision on extension of coercive measures. This should be
seen as a minimum requirement and the premise must always be that the
decision-making doctor conducts a personal examination of the patient also
before, or as soon as possible after, an initial decision for a period of less than
four and eight hours, respectively.11
Following this year’s inspections, the Chief Parliamentary Ombudsman has
found reason to comment on the legal basis for the use of segregation. During
the inspection of Helix, it emerged that on occasion the Prison and Probation Service’s patients are cared for voluntarily at the clinic and that they are
initially placed in the observation unit, where they are segregated from other
patients. Additionally, it emerged that newly admitted patients are initially
segregated regularly for more than eight hours and that a reassessment is
made by doctors during the rounds every morning. Following the inspection,
the Chief Parliamentary Ombudsman stated that being placed in the observation unit, for a longer time period than is required for the registration process
itself, means that the patient is segregated. The Chief Parliamentary Ombudsman emphasised that a patient who is cared for voluntarily cannot consent to
segregation and she assumed that the clinic’s management would review the
routines and ensure that such situations do not arise.12
Following the inspection of Helix, the Chief Parliamentary Ombudsman
underscored that it is not sufficient that the care of other patients is disturbed
or made more difficult or that such a risk is deemed to exist for a patient to
be segregated. The legislative provision on segregation contains a seriousness
prerequisite. In order to ensure that the prerequisites are met, the decision
should clearly state the actual circumstances that mean the conditions for
segregation are met.13
Following the inspections of Helix and Växjö Regional Forensic Psychiatric
Clinic, the Chief Parliamentary Ombudsman also commented on the possibility of segregating a patient for a specific period exceeding eight hours with
reference to the existence of special reasons. According to the provision’s le9 See Section 19 and 20 of the Compulsory Psychiatric Care Act (1991:1128).
10 10 See Chapter 3, Section 2 of the National Board of Health and Welfare’s regulations and general guidelines (SOSFS 2008:18) on
compulsory psychiatric care and forensic psychiatric care.
11 See Compulsory Psychiatric Care and Forensic Psychiatric Care. Handbook with information and guidance for the application of
the National Board of Health and Welfare’s regulations and general advice on compulsory psychiatric care and forensic psychiatric care
(SOSFS 2008:18), July 2009, p. 50.
12 See the Parliamentary Ombudsmen’s report p. 16, ref. no. O 3-2019.
13 See the Parliamentary Ombudsmen’s report p. 16, ref. no. O 3-2019.
A patient in care
voluntarily cannot
consent to being
placed in segregation
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents