other ombudsman decisions of importance to the rights
of persons deprived of their liberty
two months. The Prison and Probation Service was seriously criticised for not
having attempted at an earlier stage to rectify the inmate’s situation by means
of a new placement.14
The Parliamentary Ombudsman criticised a forensic psychiatry clinic for
deficiencies in its documentation of coercive measures. Criticism was also
expressed of the clinic’s use of a special procedure – known as restriction – for
patients assessed to have a need to be in a limited area with a less stimulusrich environment and little contact with other patients. The Parliamentary
Ombudsman had no objection in itself to care personnel coming to an agreement with a patient for him or her to be in a certain space to have peace and
quiet. However, the Parliamentary Ombudsman was critical in many respects
that the clinic used a procedure and a concept so similar to the coercive measure of placement in isolation. Among other things, the Parliamentary Ombudsman stated that it cannot be accepted that the room in which patients in
isolation stay is used for the purpose in question.15
Handcuffs and mechanical restraint
In one decision, the Parliamentary Ombudsman has criticised a regional
forensic psychiatry clinic for having handcuffed a patient who was subject
to compulsory psychiatric care in connection with them being mechanically restrained, despite the lack of legal support for this. The clinic was also
seriously criticised for the doctor responsible for the mechanical restraint not
personally examining the patient prior to each reconsideration (extension) of
the measure.16
During an inspection of the Prison and Probation Service, Helsingborg Remand Prison, it was revealed that an inmate had been placed under mechanical restraint on numerous occasions. It also emerged that there were some
unclear points concerning the procedures in connection with such coercive
measures. The issue of mechanical restraint in the case in question was investigated as part of a special enquiry. The decision emphasised that medical
examination in connection with mechanical restraint is obligatory and that
a doctor is to be called immediately when an inmate is mechanically restrained. The Parliamentary Ombudsman criticised the remand prison for having
made the assessment in conjunction with the use of mechanical restraint that
there had been no “urgent need” for a medical examination. The remand prison was also criticised for not having taken any further action, e.g. summoning an on-call doctor, after it had emerged that the remand prison’s doctor
was busy. Finally, the decision underlined the importance of personnel being
14 Ref. no. 6211-2013
15 JO 2014/15 p. 477, ref. no. 1169-2012
16 JO 2014/15 p. 461, ref. no. 4471-2011
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