Criticism of the Health and Welfare Committee in Sjöbo Municipality for instructing a tradesperson to enter a women’s apartment in sheltered housing to install an infrared sensor without obtaining her consent to either of these measures

Summary of the decision: During spring 2025, the Health and Welfare Committee in Sjöbo Municipality installed a new digital alarm system in all apartments in the municipality’s sheltered housing.

To this end, on the committee’s instructions a tradesperson entered an apartment in one of the sheltered housing facilities to install an infrared sensor. The women residing in the apartment had not consented to the tradesperson entering the apartment, nor to the installation of the sensor.

Pursuant to Article 6 of Chapter 2 of the Instrument of Government (SFS 1974:152), all citizens are protected against intrusion into their home by public authorities. Restrictions on constitutional protection are only permitted if enacted in law. There is no provision granting the committee the right to enter a residence under circumstances such as those of the case in question. This constitutional protection is however limited to coercive interventions. So, social services may gain access to an individual’s residence with her or his consent.

In this case, the woman had given no such consent. The committee therefore had no right to enter her home. Nor had the committee obtained the necessary consent from the woman to install the sensor in the residence.

The Parliamentary Ombudsman criticises the committee accordingly.