6
RESTRIC TIONS ON VISITS AND LEAVE
mentary Ombudsman Katarina Påhlsson found reason to
emphasise the importance of the Prison and Probation
Service making an individual assessment of each and
every application for leave.
In a later version of Annex 7 (dated 8 April 2020), the
Prison and Probation Service stated that only such leave
as the agency deemed absolutely necessary could be granted until the Public Health Agency of Sweden assessed
the risk of the disease posing a risk to the general public
spreading as low. According to the Prison and Probation
Service, this could be, for example, for emergency dental
visits. The annex further stated that already granted leave
would be revoked, and that new leave would normally be
refused until the spread of infection was assessed as low.
Parliamentary Ombudsman Katarina Påhlsson stated
that there should be no sweeping instructions that leave
already granted should be revoked “as a general rule” and
applications for leave “in normal cases” should be rejected. This risked sending the wrong signal that there was
no need for any individual assessments of applications
received.
The National Board of Institutional Care
At the outbreak of Covid-19, the National Board of Institutional Care decided to limit residents’ opportunities
to spend time outside of its institutions. The decision did
not affect residents’ opportunities for outdoor access to,
for example, exercise yards or spaces directly adjacent to
their departments. The National Board of Institutional
Care’s supporting documentation showed that only leave
outside the department that was necessary, or that could
take place without the risk of infection, could be carried
out. This could be, for example, time spent outside the
home to participate in an oral hearing in court, an urgent
home visit or an outdoor activity.
In his decision, Parliamentary Ombudsman Thomas
Norling stated that if it was applied correctly, the routine
would result in only leave that entailed a risk of spreading
Covid-19 being cancelled.
The National Board of
Outdoor activities that enInstitutional Care had
tailed such a risk were permitted only where deemed
a reasonable balance
necessary. In the opinion of
between the need for
the Parliamentary Ombudsinfection control
man regarding applications
for leave, it appeared that measures and residents’
the National Board of Instineed for leave
tutional Care had, as such,
found a reasonable balance between measures to prevent
the spread of infection and the residents’ needs for, and
interest in, being outside the confines of their homes.
6.3 Consequences of the restrictions
imposed
The Prison and Probation Service
The restrictions introduced by the Prison and Probation
Service meant that inmates, at least at Svartsjö prison
(security class 3), were not given the opportunity for
short periods of leave to spend time with their children.
Previously, inmates
The temporary routines
could spend time outside of prison for an have meant that inmates
hour and have contact have fewer opportunities
with their children to have contact with their
via their private cell
children
phones. In view of the
purpose of this type of leave and the fact that there is
no physical contact with another person, Parliamentary
Ombudsman Katarina Påhlsson stated that the applica-
– 46 –
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