Whether an 18-year-old can be placed in an institution
Supreme Court order 24 March 2021, HR-2021-640-A, (case no. 21-005310SIV-HRET), civil case, appeal against decision.
A (Counsel Jon Anders Hasle) v. X municipality (Counsel Espen Hansen)
Justices: Indreberg, Bergsjø, Arntzen, Østensen Berglund, Steinsvik
The Court of Appeal had refused to hear an appeal in a case regarding the possibility to place and retain a young person in an institution after the age of 18 without his consent, see section 36-10 subsection 3 of the Dispute Act and section 4-24 of the Child Welfare Act. Such retention due to drug abuse requires that the condition in Article 5 (1) (e) on lawful detention of "drug addicts" is met. The Supreme Court, having conducted an oral hearing, found that drug addiction is a condition for retention. This must be considered based on broad findings of fact, and requires sufficient reasoning. The reasoning must demonstrate that the drug addiction has been assessed on a sufficiently broad and up-to-date basis. It must also appear from the reasoning that a balance has been struck between various options showing that the measure is proportionate and necessary. In its individual assessment, the Supreme Court found that the District Court's reasoning met these requirements. The District Court had also had a sufficient decision-making basis for establishing the drug addiction. The reasoning satisfied the requirements in Article 5 (1) ECHR. The Court of Appeal's refusal to hear the appeal was therefore not an error. The appeal against the Court of Appeal's decision was dismissed.