Aggravated damages to a mother of NOK 200,000 after a care order
Supreme Court judgment 26 June 2024, HR-2024-1169-A, (case no. 23-112462SIV-HRET), civil case, appeal against Hålogaland Court of Appeal's judgment.
I. A (Counsel Harald Grape) (Assisting counsel Halvard Helle), The Norwegian Bar Association (intervener) (Counsel Anders Christian Stray Ryssdal), Stiftelsen barnas rettigheter (intervener) (Counsel Karl Nicolai Vogt Skjerdal) v. X municipality (Counsel Frode Lauareid) (Assisting counsel Anna Camilla Selman) II. X municipality (Counsel Frode Lauareid) (Assisting counsel Anna Camilla Selman) v. A (Counsel Harald Grape) (Assisting counsel Halvard Helle), The Norwegian Bar Association (intervener) (Counsel Anders Christian Stray Ryssdal), Stiftelsen barnas rettigheter (intervener) (Counsel Karl Nicolai Vogt Skjerdal)
A mother was deprived of the care of her daughter shortly after the birth. After the care order, the contact between the mother and child was gradually reduced to its current level of three times a year. The girl has lived in the same foster home the whole time, and is today strongly connected to her foster family.
The Supreme Court states that the municipality's follow-up after the care order violated the mother's right to family life. The severe restriction of access meant in reality an abandonment of the goal of reunification between the mother and daughter. The measure was not based on a sufficiently broad and up-to-date basis for decision-making, and the reasoning given does not show that it was necessary, proportionate and based on a balanced balance of conflicting interests.
The violation of the right to family life entitles the mother to aggravated damages from the municipality. This is set at NOK 200,000.
The judgment states that violations of the right to family life under Article 8 of the European Convention on Human Rights (ECHR) may give a right to damages under Article 13 of the ECHR, provided that other remedies are not sufficient for the violation. The judgment also states that responsibility can be imposed on a municipality, in addition to the State, when the violation is due to failure within the municipality's area of responsibility under the Child Welfare Act.
Read the whole judgment (Norwegian only) (PDF)
Areas of law: Child welfare law. Human rights. Tort law.
Key paragraphs: 80–81, 85, 93, 102
Justices: Falkanger, Bull, Høgetveit Berg, Sæther, Stenvik