Mellan tvång & frivillighet
Förebyggande insatser i LVU
Compulsory careNon-institutional compulsory care/mellantvångLVUPreventive proceedingsThe best interest of the childMellantvångLVUFörebyggande insatserTvångsvårdBarnets bästa
The purpose of this paper is to determine the established law and make researches into non-institutional compulsory care (?mellantvång?) paragraph 22 The Care of Young Persons (Special Provisions) Act (from now on called LVU) and examine whether the administration of the law is in harmony with the best interests of the child.This paper combines two methods : traditional judicial method and a social science method. In the juridical part the sources of law have been studied and in the social sciences part semi-structured interviews have been conducted with five respondents. The theoretical framework consists of ideas and theories about the best interests of the child, a concept which is one of the UN Convention on the Rights of the Child's core principles.This study shows that the legislator has identified a problem and an existing need and found a solution to this by introducing a non-institutional compulsory care, paragraph 22 LVU. The problem is that Social Services do not make use of the restraint. Only 30 decisions under § 22 LVU are taken annually in Sweden. For the legal rights of the individual and the best interests of the child, the Social Services are required to make decisions under this article instead of the current use of the informal threat of non-institutional compulsory care.