the national board of institutional care
55
During the inspection of the special residential home for young people Långanäs, the Parliamentary Ombudsmen’s employees noted that the segregation room in one of the departments was located on a different floor to the
department. For this reason, staff had to take individuals down a flight of
stairs when segregating them. On some occasions, the staff had even carried individuals. Following the inspection, the Parliamentary Ombudsman
found that such a method of transfer obviously entails considerable physical
risks for everyone involved, not least the young persons being segregated. For
this reason, the Parliamentary Ombudsman called on the National Board of
Institutional Care to take measures to ensure that segregation can take place
in a way that is safe and dignified for both the individuals and staff members.9
Also, during the inspection of the special residential home for substance abusers Gudhemsgården, the Parliamentary Ombudsmen’s employees noted that
some of the segregation rooms were inadequately set up.10
During the inspection of the special residential home for young people Långanäs, it was noted that the decisions stated that a nurse or doctor “consented”
to the segregations, and that, via two consecutive decisions, a young person
had been segregated for seven and a half hours. Following the inspection,
the Parliamentary Ombudsman stated that the role of the health and medical
care staff is not to take a position on the measure taken. Furthermore, the
Parliamentary Ombudsman stated that the legislation provides no room for
a segregation to continue for longer than four hours. A segregation that in
practice is extended by staff directly making a new segregation decision when
the deadline has expired is, therefore, unacceptable. When the four hours
have passed, the National Board of Institutional Care must, therefore, break
the segregation and let the young person return to their department. Only if it
turns out that the individual continues to be disruptive, should a new segregation decision be considered.11
Use of ”pinning down”
During several inspections, the Parliamentary Ombudsmen’s employees
noted the fact that the National Board of Institutional Care’s staff use physical
restraint through “pinning down” individuals when enforcing segregation
decisions. Following an OPCAT inspection in 2017 of the special residential
home for young people Tysslinge, the Parliamentary Ombudsman decided to
investigate a situation where the staff had pinned down a young person. According to Chapter 2, Section 6 of the Instrument of Government, each and
every individual is protected against forced physical intervention. This protection may be limited by law. In the view of the Parliamentary Ombudsman,
9 See the Parliamentary Ombudsmen’s report p. 15 and 16, ref. no. O 57-2019.
10 See the Parliamentary Ombudsmen’s report p. 5, ref. no. O 58-2019.
11 See the Parliamentary Ombudsmen’s report p. 16, ref. no. O 57-2019.
It is unacceptable to
extend a four-hour
period of segregation with a new
decision
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