The Swedish Social Insurance Agency is severely criticised for visiting an individual in their home unannounced and without consent during a verification investigation
Summary of the decision: : Within the scope of an investigation to verify a claim for assistance allowance, the Swedish Social Insurance Agency (Försäkringskassan) made an unannounced visit to an individual in their home. Försäkringskassan’s staff were admitted to the individual’s home by an assistant.
Pursuant to Section 6 of Chapter 2 of the Instrument of Government, everyone shall be protected against house searches and other such invasions of privacy by public institutions. The Parliamentary Ombudsman affirms that there are no provisions that restrict this protection with regard to Försäkringskassan. Protection is however limited to coercive measures. Hence the individual may consent to Försäkringskassan’s staff entering their home.
The Parliamentary Ombudsman states that, as a general rule, when intending to visit a client’s home, Försäkringskassan must give notice so that the individual has the opportunity to decide in advance whether she or he wishes to consent to the measure. When a home visit is unannounced, and the individual may feel compelled to admit Försäkringskassan’s staff, the case officers must make sure that the individual actually consents to them entering the home.
According to the Parliamentary Ombudsman, in the case in question Försäkringskassan should have contacted the individual before visiting her home. The Parliamentary Ombudsman also finds that there is no documentation showing that Försäkringskassan’s staff obtained the individual’s consent before entering her home. Rather, the documentation suggests that the case officers behaved in a manner that gave the impression that she had no other choice than to accept them entering her home. In the Parliamentary Ombudsman’s assessment, Försäkringskassan failed to respect the provisions of Section 6 of Chapter 2 of the Instrument of Government when conducting the home visit. The agency is severely criticised given the facts that have emerged during the review.