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
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