Compensation to the father in the amount of NOK 100,000 following a care order

A couple were deprived of the care of their daughter shortly after her birth. The girl has since lived in a foster home and is now strongly attached to the foster family.

Following an individual assessment, the Supreme Court concluded that the father’s right to family life under Article 8 of the ECHR had been violated. There were sound reasons for the original care order, but the aim of reunification was abandoned too early and without sufficient consideration of the biological parents’ interests. Initially, contact had to be restricted in the child’s best interests, but over time the limited contact amounted to a violation. The Supreme Court further held that the municipality could be held liable for the violation, and that the claim for compensation for non‑economic loss was not time‑barred. The compensation was set at NOK 100,000.

The judgment supplements HR‑2024‑1169‑A and confirms that a violation of Article 8 of the ECHR may give rise to a claim for compensation for non‑economic loss from a municipality under Article 13 of the ECHR where other remedies cannot repair the violation. The judgment also provides guidance on when such a claim arising from a human‑rights violation becomes time‑barred due to an uncertain legal situation.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Areas of law: Child Welfare Law. Human Rights. Tort Law.

Key paragraphs: 43–45, 68–72, 76–78, 86, 91–93

Justices: Webster, Bull, Thyness, Sæther, Stenvik