3
MEASURES IN C ASE OF A SUSPEC TED OR CONFIRMED INFEC TION
infection. An important aspect is the possibility to test
patients and staff who are suspected of being infected
with Covid-19. From the minutes of the final dialogue
meeting, the National Board of Forensic Medicine stated
that it had four more suspected cases in Stockholm. All
tests for Covid-19 were found to be negative.
3.3 People deprived of their liberty’s
ability to distance themselves
voluntarily from others
The inspections also examined what opportunities inmates, detainees and patients had, in accordance with
the Communicable Diseases Act that applies to everybody, to contribute voluntarily to preventing the spread of
Covid-19 by maintaining a physical distance from others.9
The National Board of Institutional Care
During the inspection of the special residential home
for young people in Tysslinge, it emerged that a resident with Covid-19 symptoms voluntarily agreed to be
cared for separately from other residents. The staff had
not taken a decision on the placement of this person in
so-called separate care. In the decision after the investigation, Parliamentary Ombudsman Thomas Norling stated that it should be possible to request that a resident at
an institution takes responsibility for their situation and
voluntarily contributes to counteracting the spread of a
disease dangerous for the general public. He then stated
the following:10
“Separating people who are suspected or confirmed infected with Covid-19 from others is one of
9 As Parliamentary Ombudsman Katarina Påhlsson’s investigation covered the
situation early in the pandemic, her decision did not touch on this issue.
10 See the Parliamentary Ombudsman’s decision of 3 September 2020, ref. no.
O 13-2020.
the most important measures that the agency has
to take. Therefore, the premise should be that the
National Board of Institutional Care should provide
a resident with a suspected or confirmed infection
of a disease posing a danger to the public with the
opportunities needed for them to be able to take on
the responsibility that they have under the Communicable Diseases Act to protect others from the risk
of infection.”
The Parliamentary Ombudsman stated that an institution
needs to organise itself to ensure suspected or confirmed
infected people can stay voluntarily separated from others within the institution. During this time, the resident
must have access to the necessary health and medical
care. If necessary, the resident
People with suspecmust be taken to hospital. Theted or confirmed
re is a great responsibility on
staff to explain to residents infections must be
that the measure is not taken able to be separated
within the framework of his or
from others
her compulsory care. The resident must be aware that themeasure can only take place
if they consent to it. In the opinion of the Parliamentary
Ombudsman, staff may not subject residents to direct or
indirect pressure by, for example, stating that coercive
measures will be taken if the person does not consent to
the measure. It is also important that staff document that
the person has been separated from others and that this
has taken place at the person’s own request.
The Swedish Migration Agency
At the Parliamentary Ombudsman’s initial meeting with
the Swedish Migration Agency, the agency’s management
stated that all its detention centres had set up special
– 18 –
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