general observations in connection with inspections
33
Youth facilities
The National Board of Institutional care (SiS) is responsible for running
facilities where compulsory care is provided in accordance with the Care of
Young Persons Act (LVU), the Act on the Enforcement of Institutional Care
of Young Persons (LSU) and the Care of Abusers Act (LVM). Care pursuant
to LVU and LSU is provided at special residential homes for young people
(youth facilities) and, at the end of 2017, there were 24 such facilities with
more than 700 places. Care pursuant to LVM is provided at LVM residential
homes and, at the end of 2017, there were 11 residential homes with more
than 380 places. During 2015 to 2017, four LVM residential homes and three
LVU residential homes were inspected.
Care in isolation and the option of keeping an inmate
in isolation
Provisions on care in isolation can be found in LVU, LVM and LSU.34 The
provisions imply, where required out of consideration for the individual’s
special need, and safety, that an inmate may be prevented from spending
time with other inmates. Care in isolation must be adapted to the inmate’s
individual need for care. Care in isolation shall be continually examined and
reviewed within seven days from the latest review.
If justified, due to the inmate behaving violent or being intoxicated as severely
that he or she cannot be kept in order, the individual may be held in isolation.
An inmate is kept in isolation only for a very short time.35
Situations sometimes occur where it can be discussed whether an inmate
should be prevented from meeting other inmates, and whether the inmate
should therefore be kept in isolation. The Parliamentary Ombudsmen has
emphasised that care at SiS’s youth facilities and LVM residential homes, and
the various measures that these homes take during the period of care, must
not be designed in such a way that it leads to doubts whether the care is being
conducted in a manner that is not in accordance with the legislation.36 The
statement was made in a case that concerned isolation at a youth facility, but
the statement naturally also applies to isolation at an LVM residential home
and also when it comes to the question of care in isolation.
During some of the inspections of youth facilities and LVM residential homes, it was discussed whether the homes had procedures, where inmates were
prevented in some situations, from meeting other inmates and whether the
inmate could therefore be regarded as being subjected to isolation or could
even be regarded as being in isolation.
34 On 1 October 2018, new provisions entered into force on care in isolation, but the changes made have no significance in this context
35 A person cared for by virtue of LVM may be kept in isolation for a maximum of 24 hours in a row. As regards a person cared for in a
special youth facility, the time has been limited to 4 hours since 1 October 2018.
36 The Parliamentary Ombudsmen’s official report 2008/ 09 p. 305 particularly pp. 313 -314, Ref. no. 1316-2016.
The Parliamentary Ombudsmen
has emphasised that care at SiS’s
youth facilities and LVM residential
homes, and the various measures
that these homes take during the
period of care, must not be designed in such a way that it leads to
doubts whether the care is being
conducted in a manner that is not
in accordance with the legislation
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