Criticism of Uppsala University Hospital, Region Uppsala, for conducting routine body searches of patients without legal grounds

Summary of the decision: On a forensic psychiatric ward with security class 3, staff of Uppsala University Hospital in Region Uppsala routinely ask patients returning from leave or ground privileges to show the contents of their pockets and bags. The Chief Parliamentary Ombudsman establishes that the procedure in question involves body searches of patients.

There are separate regulations concerning when patients being cared for under the Forensic Psychiatric Care Act (SFS 1991:1129) may be subjected to body searches. On a ward with security class 3, body searches are only permitted by decision of a physician executive in individual cases. As such, there is no leeway for the healthcare facility to apply the routine in question by invoking patient consent. The Chief Parliamentary Ombudsman states that the procedure is unlawful.

An inquiry has submitted proposals on changing the rules on body searches on wards with security class 3. The Chief Parliamentary Ombudsman therefore sends a copy of the decision to the Government for information purposes.