8
SUMMARY OF THE PARLIAMENTARY OMBUDSMEN’S CONCLUSIONS
8 Summary of the Parliamentary Ombudsmen’s conclusions
On the basis of what has emerged in the investigations
of, inter alia, shortcomings in the agencies’ crisis preparations as well as shortcomings in the legislation, each
Parliamentary Ombudsman has submitted their decisions to the Government for attention. Chief Parliamentary Ombudsman Elisabeth Rynning and Parliamentary
Ombudsman Per Lennerbrant have also submitted for
attention the decisions to the so-called Corona Commission, which was established by the Government on 30
June 2020.1
8.1 Shortcomings in the agencies’
preparations
The Prison and Probation Service, the National Board
of Institutional Care, the Swedish Migration Agency
and the National Board of Forensic Medicine conduct
functions vital to society. In the decisions concerning the
Prison and Probation Service and the National Board of
Institutional Care, Parliamentary Ombudsman Katarina
Påhlsson and Parliamentary Ombudsman Thomas Norling stated that it is crucial that the agencies make preparations for any possible crises, such as a pandemic, and
that they train staff and plan for measures to be taken.
The purpose of such preparations is, inter alia, to ensure
that any measures then taken can be considered as appropriate, proportionate and legally secure.
In their investigations, the Parliamentary Ombudsmen
have been able to establish a number of shortcomings in
the agencies’ crisis preparations. For example, Parliamentary Ombudsman Katarina Påhlsson stated that one
1
of the first measures taken by the Prison and Probation
Service in mid-March 2020 restricted inmates’ rights to
receive visits and take leaWell-prepared crisis
ve. However, this measure
was part of a routine des- management contribucription introduced as an tes to predictability for
appendix to the Swedish both inmates and staff
Prison and Probation Service’s health and medical care handbook. In the opinion
of the Parliamentary Ombudsman, the manner in which
the Prison and Probation Service introduced the restrictions was problematic and she therefore questioned
whether the agency was sufficiently prepared for the crisis caused by the pandemic. She further stated:2
“[It should] be reasonably possible to demand
that there is better preparation for how the Prison
and Probation Service is to handle the spread of
a disease that pose a danger to public or society.
Well-prepared crisis management with clear rules
and structures contributes to predictability for both
inmates and staff regarding which measures may be
taken in a crisis. I assume the Prison and Probation
Service will evaluate and analyse how the agency
has handled the ongoing pandemic. This also ensures that any measures taken in relation to inmates
in the next crisis are legally secure, appropriate and
proportionate.”
2 See the Parliamentary Ombudsman’s decision of 30 June 2020, ref. no. O 122020.
See the Commission terms of reference in dir.2020:74
– 60 –
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