the national board of institutional care
60
for the availability and use of adequate premises during transportations.27
In the subsequent bill, the Government stated that the agency requesting
assisted transportation retains responsibility for the transportee’s care and is
presumed to participate in the assisted transportation when necessary.28 Although the National Transport Unit is responsible for planning and carrying
out transportations, the National Board of Institutional Care should, therefore, have a responsibility to participate so that the assisted transportation with
judicial assistance does not become unnecessarily intrusive. In the opinion of
the Parliamentary Ombudsman, this means that the National Board of Institutional Care should ensure that there are accommodation options within its
institutions. As such, the National Board of Institutional Care can contribute
to, for example, remand prisons only needing to be used for overnight stays in
very exceptional cases.
5.2 Own-initiative inquiries concerning the National
Board of Institutional Care
Following the inspection of the special residential home for young people
Johannisberg in October 2018, the Parliamentary Ombudsman decided to
investigate the home’s routine for using the Prison and Probation Service for
transportations. During the inspection of the home, details emerged indicating the home had an informal routine which meant, for example, it requested
assistance for transportations to court hearings even though the prerequisites
for such requests were not fulfilled.29
Therefore, the Parliamentary Ombudsman investigated the home’s routine
concerning the use of the Prison and Probation Service for the transportations of young people cared for at the home. In the National Board of Institutional Care’s response, the home’s manager stated, inter alia, that most of
the young individuals’ court hearings are carried out via video link and that
the home’s staff transport the young individuals to the location for videolinked hearings. When the older individuals are to appear in person at a court
hearing, the National Board of Institutional Care usually requests assistance
from the Prison and Probation Service if justified based on the risk assessment made. Based on this, the Parliamentary Ombudsman had no basis for
directing any criticism at the institution.
However, the Parliamentary Ombudsman reiterated in its decision that the
system of transportation with judicial assistance requires agencies to cooperate loyally with each other and not to use the Prison and Probation Service’s
resources in situations when the necessary prerequisites are lacking. The National Board of Institutional Care does not have a agency-wide transportation
27 See Government Inquiry 2011: 7 p. 395 and 396.
28 See Government Bill 2016/17: 57 p. 40.
29 See the Parliamentary Ombudsmen’s report p. 12 and 18, ref. no. 6204-2018.
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