The healthcare needs of an infant in prison with their mother have been mismanaged in several regards

Summary of the decision: An infant in prison with their mother was taken ill on two occasions, on both of which the mother wanted to obtain emergency medical care for the child. On both occasions, prison officers sought external medical advice without involving the mother in the conversation. During one of the incidents, a prison officer also conducted an examination of the child in order to provide the information requested by the healthcare provider. The nature of the examination was such that it constituted a strip search.

In his decision, the Chief Parliamentary Ombudsman notes that the requirement to consider the best interests of the child, and that this should weigh heavily in all matters concerning the child, also applies to children accompanying a parent in prison. The same applies to the parent’s overall responsibility for the child’s personal circumstances. Consequently, it is unacceptable for a prison to disregard the parent’s role and responsibility on matters related to the child’s needs.

Furthermore, the Chief Parliamentary Ombudsman states that, while there must clearly be some scope to refuse a parent permission to leave the prison with their child to seek emergency medical care if medical advice has been obtained and the assessment is that no such care is necessary, in such situations the parent must be allowed to speak to the healthcare provider themselves. That said, it may be necessary for Swedish Prison and Probation Service personnel to be present during the call to obtain information on which to base a decision on whether or not to permit the parent to leave the prison. The prison is criticised for both occasions on which a healthcare provider was contacted without the participation of the child’s mother.

The prison is also criticised because a prison officer conducted a strip search of the child without legal grounds. If an examination was necessary in order to provide the healthcare provider with information, the mother should have been allowed to conduct it and convey the requested information.