Statement on whether the Swedish National Board of Institutional Care has legal grounds for allowing inmates in separate care to associate with other inmates

Summary of the decision: JO has for many years drawn attention to the fact that the Swedish National Board of Institutional Care (SiS) employs a method that allows inmates subject to a decision on separate care to mix with other inmates without the decision first being revoked. The method, which in this decision is referred to as transition, may, for example, involve an inmate mixing with other inmates on the wing on a daily basis or between certain hours, or joining an excursion with others who are in care at the home. The scope and means of transition differs from one home to the next but is applied at SiS homes for both youths and adults with substance abuse problems.

In the decision, the Parliamentary Ombudsman gives an opinion on whether it is lawful for SiS to transition inmates from separate care without a decision first being revoked. The Parliamentary Ombudsman notes that a decision to place someone in separate care is made because the inmate needs to be prevented from meeting others being cared for in the home. The Parliamentary Ombudsman’s conclusion is that a measure that involves returning the inmate to care alongside other inmates is not permitted unless the decision on separate care is first revoked. In the Parliamentary Ombudsman’s assessment, SiS also lacks legal grounds for the method created by the board, designated in the decision as transition from separate care.

JO sends a copy of the decision to the Government and the Health and Social Care Inspectorate (IVO) for information.