Deputy-Ombudsman: A prisoner ordered to involuntary care must not be released without safe transport
Date of article: 27/05/2025
Daily News of: 04/06/2025
Country: Finland
Author: Finnish Parliamentary Ombudsman
Article language: en
Deputy-Ombudsman Maija Sakslin finds it unacceptable that a prisoner ordered to involuntary psychiatric care is released from prison without safe transport to the place of further treatment. According to the Deputy-Ombudsman, the patient’s rights are realised best when the patient is transferred directly from the prison area to the agreed place of care in a way that ensures the safety of the patient and other people.
The Deputy-Ombudsman started an investigation of the matter on her own initiative after having received a notification in autumn 2023 of a situation in which a prisoner classified as dangerous was going to be released without transport having been arranged to further treatment. The matter was examined on the basis of an internal memorandum of the unit of the Health Care Services for Prisoners and reports and statements from the Ministry of Social Affairs and Health, the Ministry of Justice and the Ministry of the Interior. The authorities do not have an unambiguous competence or obligation to organise transport, which has led to unclear practices that risk patient safety.
In the view of the Ministry of Justice, the now examined needs to transport a person could be taken into account in the release process, and prisoners due to be transported to involuntary care would not be released until after the necessary transport arrangements have been made.
According to the Ministry of the Interior, the police already have the obligation based on legislation to provide executive assistance in transporting a patient who is considered violent. The Ministry of Social Affairs and Health considered the previous practice, in which the Prison and Probation Service of Finland was responsible for the transport and the prisoner was not released until after their arrival at the unit of further treatment, to be justified.
The Deputy-Ombudsman requested that the ministries cooperate to ensure that the tasks and practices related to transports are agreed on between the ministries or the competent authorities. The ministries should aim to find a procedure that promotes flexible, smooth and efficient cooperation between the authorities.
If the current regulations prove to be unclear or open to interpretation from the point of view of the authorities’ rights and obligations or liability for acts in office to the extent that an effective procedure cannot be found, the Deputy-Ombudsman requested that the ministries report what kind of legislative changes they intend to prepare in their administrative branch to resolve the matter.
The Deputy-Ombudsman asked the ministries to state by 30 September 2025 what measures the decision has given rise to.
Deputy-Ombudsman Sakslin’s decision no 55/2024 has been published (in Finnish) on the website www.oikeusasiamies.fi.