If your child has been taken into custody under LVU (Care of Young Persons Act) in Sweden, you have the right to appeal the decision and fight for your child’s return. The process can be legally complex, but understanding your rights and acting quickly can improve your chances of success. Below, we explain how to appeal an LVU decision, the legal steps involved, and how a free lawyer can help you through the process.
Who Can Appeal an LVU Decision?
As a parent or legal guardian, you have the right to appeal if:
- The Administrative Court (Förvaltningsrätten) has ruled to place your child in compulsory care under LVU.
- Your request to end LVU care has been denied.
- You disagree with the placement of your child (e.g., foster care, youth home).
In some cases, the child may also have the right to appeal, especially if they are older and wish to change their living situation.
How to Appeal an LVU Decision – Step by Step
Step 1: Get a Free Lawyer
In all LVU cases, you are entitled to a state-funded lawyer at no cost. The court assigns a lawyer automatically, but you have the right to request a specific attorney if you prefer.
Tip: Choose a lawyer with experience in LVU cases to maximize your chances of success.
Step 2: File an Appeal with the Administrative Court of Appeal (Kammarrätten)
If the Administrative Court has ruled in favor of LVU, you have three weeks from the date of the decision to file an appeal with the Administrative Court of Appeal (Kammarrätten).
Your lawyer will prepare and submit:
- A written appeal explaining why the decision should be overturned.
- Supporting evidence (e.g., medical reports, social services reports, witness statements).
- Alternative solutions, such as home improvements or placement with relatives instead of foster care.
Example: If your child was taken due to suspected neglect, but you have since improved your housing and secured stable income, this evidence should be included in your appeal.
Step 3: The Court of Appeal Reviews Your Case
The Administrative Court of Appeal will examine your case, reviewing:
- The original LVU decision.
- New evidence and arguments from your lawyer.
- Social services’ justification for LVU placement.
The court can:
- Overturn the LVU decision and return the child to you.
- Uphold the LVU ruling and keep the child in custody.
- Order a new review if more information is needed.
If you lose the appeal, you can request that the case be taken to the Supreme Administrative Court (Högsta förvaltningsdomstolen), but this is rare and only happens if the case involves a major legal principle.
How to Strengthen Your Appeal
To increase your chances of success, you should:
- Work closely with your lawyer – Provide all relevant documents and follow legal advice.
- Prove that conditions have changed – Show that the original concerns leading to LVU are no longer valid.
- Provide character witnesses – Statements from teachers, doctors, or family members can support your case.
- Suggest alternative care arrangements – If needed, propose that the child stays with a relative instead of foster care.
Example: If LVU was based on concerns about your mental health, providing a doctor’s statement confirming your stability can be crucial.
How Long Does the Appeal Process Take?
- First appeal (Kammarrätten): Usually decided within a few months.
- Further appeal (Högsta förvaltningsdomstolen): Only accepted in rare cases and may take several months to a year.
- Six-month reviews: Even if the appeal is denied, you can request a new review every six months if circumstances change.
Tip: If your appeal is denied, continue working on improving your situation and reapply at the next review.
Can LVU Be Lifted Without an Appeal?
Yes. Social services must reassess LVU every six months. If they determine that the child can return home, they can end LVU without a court appeal. However, if social services refuse, you must go through the appeal process.
Summary
If your child has been taken into LVU custody, you have the right to appeal the decision. The process involves:
- Getting a free lawyer to represent you.
- Filing an appeal within three weeks.
- Presenting evidence to prove that the original concerns are no longer valid.
- Waiting for the court’s decision and, if necessary, appealing further.
Even if your first appeal is denied, LVU is not permanent. You can request a new review every six months if your circumstances improve.
If you need legal help appealing an LVU decision, contact a qualified family law attorney to start the process immediately.
