the national board of institutional care
56
A segregation decision may never be
enforced by “pinning
down” individuals
instead of taking
them to a segregation room
pinning down is one such measure that requires a legal basis for its use by
staff at, for example, a special residential home for young people. Physical restraint through pinning someone down is not listed among the special powers
in the Care of Young Persons Act (1990:52), and the concept is not defined in
law. In the view of the Parliamentary Ombudsman, a perception must not be
allowed to develop among staff at the National Board of Institutional Care’s
institutions that staff, in addition to the special powers provided in the Care
of Young Persons Act (1990:52), have other unwritten powers, which in reality
mean that they may perform acts in violation of Chapter 2, Section 6 of the
Instrument of Government. It is inevitable that staff, for example in enforcing
a segregation decision, may need to apprehend an inmate to take them to a
segregation room. Such a measure is supported by Chapter 24, Section 2 of
the Penal Code. In the view of the Parliamentary Ombudsman, a segregation
decision may never be enforced by pinning down an individual instead of
taking them to a segregation room. The National Board of Institutional Care
is required to ensure that its institutions are designed in such a way that staff
– in cases where the conditions to segregate an individual are met – are able
to hold individuals segregated. Poor design and set up, for example by a lack
of segregation rooms or problems with long distances to these rooms, may
lead to staff not feeling compelled to take measures that do not fall within the
special powers in, inter alia, the Care of Young Persons Act.12
During the inspection of the special residential home for young people Vemyra,
it emerged that that, on occasion, staff restrained an individual to prevent her
from harming herself when she was held segregated in her living space. The
segregation decision described how she was taken to her living space where
she was then “pinned down in a lying position for up to 20 minutes each time,
about 8 times during a 4 hour period”.13
The National Board
of Institutional Care
must ensure segregation decisions are
enforced in accordance with the law
Likewise, during the inspection of the special residential home for young
people Långanäs, it emerged that staff had pinned down individuals without
taking them to a segregation room. It was also not clear whether there was
any intention to do so. Furthermore, it was not always documented how long
the young persons had been pinned down, but there were several examples of
young persons being restrained for more than 10 minutes without being taken
to a special segregation room. Following the inspection, the Parliamentary
Ombudsman stated that the National Board of Institutional Care must take
measures by, inter alia, designating suitable rooms for segregation purposes to
ensure that segregation decisions can be enforced in accordance with the law.14
12 See the Parliamentary Ombudsmen’s decision on 29 November 2019, ref. no. 6774-2017.
13 See the Parliamentary Ombudsmen’s report p. 7 and 8, ref. no. O 44-2019.
14 See the Parliamentary Ombudsmen’s report p. 15 and 16, ref. no. O 57-2019.
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