Claim against the child welfare services was time-barred

Three brothers who had been victims of extensive neglect in their childhood in the 1960s and 1970s brought an action against the municipality, claiming that the municipality was liable for damages due to the child welfare services' failure to intervene and implement measures. Like the Court of Appeal, the Supreme Court found that the claims were time-barred, as the exception to the 20-year rule in section 9 (2) of the Limitation Act did not apply. It was stated that the asserted basis of liability mainly was inadequate exercise of public authority, and that this could not be equated with commercial activity, see section 9 (2) of the Limitation Act. The appeal against the Court of Appeal’s judgment was dismissed.

Read the whole judgment (Norwegian only)

Area of law: Limitation of claims. Section 9 of the Limitation Act.

Key paragraphs: 31–34.

Justices: Webster, Bull, Falch, Thyness, Hellerslia