opcat inspections 2011–2014
30
When can visitors be frisked?17
Ljustadalen Prison has 20 places for women in the lowest security classification. An inspection of the prison revealed that all visitors are routinely frisked.
According to the Parliamentary Ombudsman, the Prison and Probation Service must ensure that an individual examination of the need for a frisk search
is performed in connection with visits.
Ljustadalen Prison is not covered by any decision concerning general entry
control. During the inspection, when the Parliamentary Ombudsman’s employees were frisked, reference was made to the general entry check applied
by the prison. The prison’s decisions concerning visitor permits did not
specify that the visitor might be subject to a frisk search. To avoid an application that in practice means a general entry check, the Prison and Probation
Service was requested to ensure that there is an individual examination.
The National Board of Institutional Care
General background
Social service interventions for children and young people with substance
misuse problems are based on the voluntary participation of the individuals concerned. Under certain conditions, care without consent can become
pertinent. Provisions concerning such compulsory care are found in the Care
of Young Persons (Special Provisions) Act (1990:52) [LVU] and the Care of
Substance Misusers Act (1988:870) [LVM].
LVU
Care pursuant to the LVU can be provided to those who are under 20 years
of age and are subjecting their health or development to a palpable risk of
harm through the use of addictive substances, criminal activity or some other
socially destructive behaviour.18
If a social services investigation concludes that the young person is to be
afforded care pursuant to the LVU, social services are to submit an application for care to the administrative court, which examines whether there are
grounds for such care.19
If it is not possible to wait for the administrative court’s decision, social services can under certain circumstances decide that the young person be taken
into care immediately.20
17 Ref. no. 2930-2014
18 Section 3, LVU
19 Section 4, LVU
20 Section 6, LVU
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