Being subject to compulsory treatment is one of the most intrusive measures the state can impose on an individual. Compulsory treatment means that a person is admitted to a facility without their consent and is used when voluntary measures are deemed insufficient. The purpose is to protect the individual and/or society.
In Sweden, there are four main laws governing compulsory treatment:
If you or a family member is facing compulsory treatment, it is a good idea to consult a lawyer with specialized knowledge in this area at an early stage. Advokatfirman XXV regularly represents children, adolescents, and adults in cases involving involuntary commitment.
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The LVU is used when children or young people are at risk of harm. This may involve serious problems in the home environment (e.g., substance abuse, violence, neglect) or the young person’s own behavior (e.g., criminal activity or substance abuse).
In urgent cases, the Social Services Committee may order immediate placement. In such cases, the young person may be placed, for example, in a residential care home (HVB), a foster home, or a special youth facility operated by SiS (the National Board of Institutional Care). The decision must be submitted to the Administrative Court within one week, which must then review the decision as soon as possible.
The LVM is applied when a person has such a severe addiction to alcohol, narcotics, or other addictive substances that voluntary treatment is not effective. Compulsory treatment aims to break the addiction and create the conditions for continued treatment.
The LPT is used when a person suffers from a serious mental disorder and treatment is deemed necessary, but the person refuses treatment. Treatment is initiated by a physician’s decision but must be approved by the administrative court and reviewed regularly in order to be extended.
The Law on Forensic Psychiatric Care (LRV) applies when a person suffering from a serious mental disorder has committed a crime. Instead of imprisonment, the court may order forensic psychiatric care. In many cases, a special discharge review also applies, which means that the court must approve the patient’s discharge.
In cases of compulsory treatment, the individual has the right to a public counsel, often a lawyer. The public counsel is appointed by the court, and the costs are covered by the state.
It is possible to request a specific attorney or lawyer to serve as your public defender, such as someone with specialized knowledge of compulsory treatment.
Social services will investigate the situation and, if there are immediate risks to the young person’s health and/or development, may decide to place the young person in immediate care. The case must be heard by the administrative court within one week. The court will then determine whether the care decision should be upheld.
Yes. Under the Care of Young Persons Act (LVU), the social services committee’s decision regarding continued care must be reviewed every six months. These decisions may then be appealed.
SiS (the National Board of Institutional Care) operates special youth homes where young people can be placed under the Care of Young Persons Act (LVU), as well as under the Act on the Enforcement of Secure Youth Care (LSU). SiS is also responsible for certain homes operated under the Care of Substance Abusers Act (LVM).
Yes. Compulsory treatment must always be terminated as soon as the grounds for it no longer exist. The need for continued compulsory treatment must be reviewed on a regular basis.
