Demand for compensation for care-order victims

Demand for compensation for victims of the social services
By Lennart Hane, Attorney-at-law

 

 

Excerpt from Lennart Hane's letter to the Minister of Justice and the Minister of Health and Social Welfare of August 20, 1998, requesting compensation for the victims of the Law on the care of young people (LVU). See also the Swedish version of Lennart Hane's letter.

 

"In my petition mention is also made of the serious mistakes on the part of the appointed representative of the child. I request that the Department not only makes a more careful examination of the peculiar attitude of this lawyer to the child's health, which can hardly be seen as other than mercenary accommodation to the power position of the social bureaucracy.

This anomalous state of affairs is not associated with the lawyer in question but also infused into the system itself. The fact the child is provided with a personal representative that is now transformed into its deputy in the process, in the position of opposite party to the parents, is a weakening of legal security/law and order. In those cases of mine in which a successful reunion of child and parents has taken place and in which compensation has been awarded to parents after a decision in the European Commission or the

European Court
, the child's representative has always supported the point of view of the local social authority. In quite a number of cases, in fact, where I have successfully pleaded for the parents against a separation or for a reunion, the child's representative has practically always supported the point of view of the social authority. The hostility towards the child's family and the child's parents is generally striking. Neither have I come across any new or otherwise useful opinions from the child's representative.

The social authorities already have a strong, not to say unjustifiably strong, position in the process of taking into care with enormous economic resources, a maximum of time for preparing material and ample opportunities to engage knowledgeable lawyers internally or externally, and, not least, unlimited access to psychological "expertise". Already in this respect, there appears such an imbalance between the parties that it is suspect that the social authorities are allocated a partner and a fellow actor in the form of the child's representative and deputy.

Nowadays, when there exists a desire to economise on public spending, something as destructive as the child's representative in connection with civil cases should be abolished."

 

Limiting the rights of attorneys

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