If your child has been placed in care under LVU (Care of Young Persons Act) in Sweden, the decision is largely based on social services’ assessments. However, these assessments are not always accurate, and parents have the right to challenge them. Below, we explain how social services’ assessments work, common errors they make, and how to present counterarguments and evidence to fight for your child’s return.
How Social Services’ Assessments Influence an LVU Decision
When social services request an LVU placement, they provide the Administrative Court (Förvaltningsrätten) with reports containing:
- Observations of the child’s living conditions.
- Statements from teachers, doctors, or neighbors.
- Psychological and behavioral evaluations of the child.
- Interviews with parents and family members.
- The social worker’s opinion on whether the child is at risk.
The court relies heavily on these reports when deciding whether to uphold or lift an LVU placement. However, social services can make mistakes, misinterpret information, or fail to consider new developments.
Common Errors in Social Services’ Assessments
Misinterpreted Statements from Parents or Children
Social workers conduct interviews with both parents and children, but what is said in these interviews is often summarized and interpreted. A harmless comment from a child can be misread as a sign of neglect or abuse.
Example: A child saying, “I don’t like being at home,” might mean they had a bad day, but social services may interpret it as an ongoing safety concern.
How to Challenge:
- Request full audio or written transcripts of all interviews.
- Clarify what was actually said by submitting a written statement correcting any misinterpretations.
Lack of Context in Reports
Social services may omit important background information when writing their reports, making a parent seem worse than they really are.
Example: If a social worker notes that your child was not dressed warmly enough in winter, they might fail to include that the child had just come from playing outside and had taken off their jacket.
How to Challenge:
- Highlight missing context in your own written response.
- Provide evidence, such as photos or witness statements, to counter the misleading claim.
Outdated or Incomplete Information
Many LVU decisions are based on old assessments that do not reflect the current situation. If you have improved your housing, mental health, or parenting skills, social services might fail to update their reports accordingly.
How to Challenge:
- Provide recent evidence of changes, such as:
- New medical evaluations.
- Proof of stable housing.
- Completed parenting classes or therapy.
Biased or Inconsistent Reporting
Some parents feel that social workers have already made up their minds and write their reports to support an LVU decision rather than considering all facts fairly.
Example: If two parents are in conflict, social services may favor one parent’s claims without properly verifying the other side’s version.
How to Challenge:
- Point out inconsistencies between different reports.
- Request a new independent assessment by another social worker or expert.
- Provide counter-statements from neutral professionals, such as teachers or doctors.
Failure to Consider Alternative Solutions
Social services must first try voluntary solutions before recommending LVU. However, they sometimes skip this step or refuse to consider alternative care options, such as placement with a relative.
How to Challenge:
- Demand that the court requires social services to consider family placement instead of foster care.
- Present a formal letter from a relative offering to care for the child.
- Submit proof that you have followed recommended interventions, such as therapy or parenting classes.
Steps to Challenge Social Services’ Assessment
1. Request a Copy of the Full Social Services Report
You have the legal right to access all documents related to your LVU case. This includes:
- Social workers’ assessments.
- Interviews with the child.
- Psychological and medical evaluations.
- Any complaints or reports filed against you.
If the report contains errors, misleading statements, or outdated information, you can submit corrections to the court.
2. Gather Counter-Evidence
To prove that social services’ claims are inaccurate or unfair, you should collect:
- Medical records showing that you are mentally and physically fit.
- Teacher or daycare statements confirming that your child was well cared for before LVU.
- Photos/videos of your home proving that your living conditions are safe.
- Records of social services interactions to expose inconsistencies or misstatements.
Example: If social services claim that your home was unsafe, providing pictures of your clean and child-friendly home can disprove this claim.
3. Challenge Reports in Court with Your Free Lawyer
Since all parents in LVU cases receive a free state-funded lawyer, your attorney will:
- Cross-examine social services in court.
- Highlight flaws in their assessment and errors in reporting.
- Present new evidence and counter-statements from reliable sources.
A skilled lawyer can question social workers directly, forcing them to justify their decisions and acknowledge weaknesses in their assessment.
4. Request an Independent Expert Evaluation
If social services’ assessment is one-sided or biased, you can ask the court to order an independent expert to review the case. This could include:
- A private psychologist to evaluate your parenting capacity.
- A neutral social worker to reassess your child’s situation.
- A medical expert to challenge incorrect health-related claims.
Example: If social services claim you have mental health issues, but your personal psychologist says otherwise, an independent evaluation can settle the dispute.
What Happens if the Court Agrees with You?
If the court finds that social services’ assessment was flawed or incomplete, it can:
- Order a review of the case, leading to a possible return of your child.
- Lift the LVU decision if the evidence shows no significant risk.
- Modify the LVU placement, such as allowing more visitation or family placement instead of foster care.
If the court rules against you, you can appeal the decision to the Administrative Court of Appeal (Kammarrätten) and continue challenging social services’ findings.
Conclusion
Social services’ assessments play a major role in LVU cases, but they are not always accurate. To challenge their findings, you must:
- Request copies of all reports and examine them for errors.
- Provide counter-evidence, such as medical records, witness statements, and proof of a safe home.
- Work with your lawyer to expose flaws and inconsistencies in court.
- Request an independent expert evaluation if social services’ assessment seems biased.
If social services have misrepresented your situation, act quickly to correct their errors and present strong counterarguments in court. Your child’s future may depend on it.
