opcat inspections and follow-up ombudsman decisions
The Parliamentary Ombudsman is of the opinion that if an item of mail, i.e.
the paper, is laced with drugs, then the mail should be handled as if it were
drugs. It should therefore be confiscated and destroyed.
A party supplying a postcard laced with drugs to someone can be found guilty
of an offence under the narcotics legislation. Supplying such a postcard to this
individual also risks counteracting the results of the care they have received.
The Parliamentary Ombudsman is therefore critical of how the LVM homes
previously handled the postcards.
Has the LVM home Rällsögården been too passive with regard to preventing inmates from unlawfully leaving the home ref.no. 7163-2014, decision of 26 February
2016
During an inspection of the LVM home Rällsögården, it emerged that the
home, in conjunction with threatening situations, has chosen to allow inmates to leave the home.
When someone is receiving compulsory care at an LVM home, they are expected not to be allowed to leave the home without permission. Staff have the
authority to use force to restrain an inmate who is trying to leave the home
or exhibiting violent behaviour. The aim of LVM care, however, is to motivate
individuals to receive care and support measures on a voluntary basis. The
purpose of the compulsory care must be factored into the assessment of what
level of force is justifiable to use to prevent someone from unlawfully leaving
the LVM home.
Staff may find themselves in difficult situations involving threatening behaviour on the part of inmates where there may also, because of the inmate’s
behaviour, be a risk to the safety of staff or other inmates. It can therefore not
be ruled out that the staff at the home may, in exceptional cases, allow the
inmate to leave the home rather than using force that would not appear to be
justified given the purpose of the care.
If there is a risk that the staff at a home cannot maintain order, SiS must
consider providing the extra resources necessary to allow staff to intervene in
violent situations and to prevent inmates leaving the home unlawfully.
Serious criticism of the Norra Stockholm Psychiatric Clinic at St. Göran’s Hospital,
Stockholm County Council, for treating a patient taken into care in accordance
with the Compulsory Mental Care Act (1991:1128) (LPT) with ECT procedures outside of the county’s care facilities ref. no. 3953-2013, decision of 30 April 2015
Care in accordance with the LPT is to be provided within a care facility
operated by a county council (Section 15, LPT). A patient being cared for
pursuant to the LPT at the Norra Stockholm Psychiatric Clinic at St. Göran’s
45
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents