The Social Welfare Committee in Härryda Municipality is criticised for failing to submit a request for public defence counsel to the administrative court

Summary of the decision: The Social Welfare Committee had commenced an investigation into a child’s circumstances pursuant to Section 1 of Chapter 11 of the Swedish Social Services Act (SFS 2001:453). A representative of one of the child’s parents/guardians subsequently applied to be appointed as the parent/guardian’s public defence counsel. The committee took no action whatsoever on receipt of the application.

The Social Welfare Committee in Härryda Municipality is criticised for failing to submit a request for public defence counsel to the administrative court. In the decision, the Parliamentary Ombudsman states that, in the interests of legal certainty, when an individual applies for a public defence counsel in a child investigation, the application must be processed in the same way as an application submitted in a case under the Care of Young Persons (Special Provisions) Act (SFS 1990:52). In this case, according to the Parliamentary Ombudsman, this means that the committee should have submitted the application to the administrative court along with its own opinion on the facts at issue and an assessment of the need for public defence counsel. In the opinion of the Parliamentary Ombudsman, for failing to do so the committee is deserving of criticism.