MEASURES IN C ASE OF A SUSPEC TED OR CONFIRMED INFEC TION guidance if a resident does not voluntarily participate in testing. In his decision, Parliamentary Ombudsman Thomas Norling stated that there is an obligation under the Communicable Diseases Act for doctors on duty at the National Board of Institutional Care’s institutions to report to the infectious diseases doctor if a resident carrying a disease posing a danger to the public is not taken care of in such a way that the spread of infection can be limited.8 The purpose is that the infectious diseases doctor should, inter alia, be able to give advice and investigate what efforts are needed to prevent the spread of infection. Furthermore, there is an obligation for someone who belongs to the healthcare staff and who works at one of the National Board of Institutional Care’s institutions to inform the appropriate agencies in certain situations if they become aware that a resident has a disease posing a danger to the public. In the view of the Parliamentary Ombudsman, one of the preconditions for the National Board of Institutional Care to be able to take the appropriate measures is partly that the disease is tested for, and partly that the health and medical staff notify the National Board of Institutional Care in the event of a confirmed case of infection. The Parliamentary Ombudsman stated that the routine following the adjustment was in line with the intentions of the legislator that the actors concerned should act to prevent infection. The Swedish Migration Agency In the decision following the investigation of the Swedish Migration Agency, Parliamentary Ombudsman Per Lennerbrant emphasised that testing for Covid-19 is an important part of the work to prevent the spread of infection 8 Section 26 a of the Care of Abusers Act, Section 19 of the Enforcement of Secure Youth Care Act and Section 12 a of the Care of Young Persons Act. 3 among detainees. It was clarified during the investigation that detainees and staff at the detention centre were given priority for testing. During the inspections of the detention centres in Flen and Märsta, it emerged that staff only knew of one case at each detention centre where a detainee had been tested for Covid-19. In the opinion of the staff, it was a shortcoming The safety of inmates that testing in the detention depends on the centre had not been a priexistence of testing ority for a long time. By 22 capacity June 2020, only two inmates had been found to be infected with Covid-19. By May, however, a total of around 40 detainees had been moved to a quarantine department because they were suspected of being infected with the disease. The Parliamentary Ombudsman stated that the safety and security of detainees in a pandemic situation is largely dependent on the fact that there is a capacity to test for infection and that such tests are also carried out. The National Board of Forensic Medicine At the time of the inspections of the National Board of Forensic Medicine’s examination divisions, the division in Stockholm had had two patients who were suspected of being infected with Covid-19. One of the patients tested negative for Covid-19, while the other described flu-like symptoms but showed no symptoms for the following 48 hours. During the inspection, it emerged that if a patient opposes testing, the staff must contact an infectious diseases doctor for advice concerning which measures may be medically justified. In the decision following the investigation, Chief Parliamentary Ombudsman Elisabeth Rynning stated that it is important that the agency responsible for patients takes adequate measures to protect other patients from – 17 –

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