8
SUMMARY OF THE PARLIAMENTARY OMBUDSMEN’S CONCLUSIONS
know the preconditions under which the agency operates and the measures it is able to take to prevent the
spread of infection. In addition, Parliamentary Ombudsman Per Lennerbrant stated that a well-functioning crisis
organisation is based on, inter alia, agencies’ and other
actors’ abilities and preconditions for good cooperation.
Chief Parliamentary Ombudsman Elisabeth Rynning
also stated that the details that emerged during the investigation of the National Board of Forensic Medicine
highlighted the difficulties that may arise for agencies
responsible for people deprived of their liberty in a situation where there exists a risk of spread of infection. In her
view, neither the Communicable Diseases Act nor the
laws governing the National Board of Forensic Medicine’s activities provide sufficient support for the measures
that may be necessary to prevent the spread of infection
in a way that provides sufficient protection whilst simultaneously being proportionate and legally secure. In her
view, it appeared obvious that the preconditions for such
measures in activities where people are held deprived of
their liberty should be urgently reviewed.
The issue of cooperation between agencies was also
raised with regard to the possibility of testing for infection. Representatives of the Swedish Migration Board,
the National Board of FoTesting is an imporrensic Medicine and the
tant part of preventing National Board of Instituthe spread of infection tional Care stated that, at
among people deprived the beginning of the pandemic, there were limited
of their liberty
opportunities to test for
Covid-19. In his decision following the investigation of
the National Board of Institutional Care, Parliamentary Ombudsman Thomas Norling noted that, as recently
as the beginning of June 2020, the agency experienced
differences between the different regions in the extent
to which staff were given the opportunity to test. Both
Parliamentary Ombudsman Katarina Påhlsson and Parliamentary Ombudsman Per Lennerbrant stated in their
decisions that testing is an important part of the work
in preventing the spread of infection among people deprived of their liberty. Parliamentary Ombudsman Per
Lennerbrant noted that the safety and security of inmates during a pandemic largely depends on the capacity
to test for infection and that such tests are carried out.
The investigations of the Swedish Migration Board, the
National Board of Forensic Medicine and the National
Board of Institutional Care continued until the summer,
and it was reported that the possibilities to perform tests
had gradually improved over the course of the pandemic. In her decision, Chief Parliamentary Ombudsman
Elisabeth Rynning pointed out that the Communicable
Diseases Act is based on the premise that the testing of
suspected cases of diseases covered by the law can take
place.
The lack of coordination was also made clear when state agencies were not subject to the mandate given by the
Government to the National Board of Health and Welfare to secure protective equipment and other protective
materials for use.3 In her decision, Chief Parliamentary
Ombudsman Elisabeth Rynning stated that it was serious
that it was not until the end of May that the National Board of Forensic Medicine had sufficient protective equipment. This led to – as she understood it – staff not being
able to use protective equipment in all the situations recommended by the Public Health Agency of Sweden and
Region Stockholm.
3
– 62 –
See the Government’s decision of 16 March 2020, S2020/01558/IFS.
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