Criticism of Västra Götaland Region for the delay in admitting a patient pursuant to the second paragraph of Section 7 of the Forensic Psychiatric Care Act (SFS 1991:1129). Also criticism of the Swedish Prison and Probation Service

Summary of the decision: Forensic psychiatric care must commence without delay once the court’s decision to order such care has gained legal effect. If the convicted person is on remand, care must begin even if the decision has not gained legal effect, on condition that the convicted person and prosecutor consent to it.

A person on remand was sentenced to forensic psychiatric care. The convicted person and the prosecutor consented to care commencing before the decision hade gained legal effect. Västra Götaland Region notified the Swedish Prison and Probation Service that the region could not accept the convicted person until the decision to commit the individual to forensic psychiatric care gained legal effect. The Parliamentary Ombudsmen’s investigation suggests that, in principle, Västra Götaland Region never accepts convicts before a decision on forensic psychiatric care has gained legal effect.

According to the Chief Parliamentary Ombudsman, this attitude is completely unacceptable. The Chief Parliamentary Ombudsman notes that the purpose of the regulation in question is for care to begin before the decision on care has gained legal effect, but that the region’s processing undermines this. Furthermore, the Chief Parliamentary Ombudsman states that the healthcare authority must act to ensure that care can begin with the prescribed promptness and that a shortage of places is not an acceptable reason to delay a decision on admission to a healthcare facility. In the case in question, there was a delay of nine days from the Swedish Prison and Probation Service’s notification of consent to care until the convicted person was admitted to a healthcare facility, and the region is criticised accordingly.

The Swedish Prison and Probation Service is criticised for the delay in notifying the healthcare facility that consent had been obtained. Västra Götaland Region and the Swedish Prison and Probation Service are also criticised for deficient documentation.