Court clears Slagelse Municipality in disability care case

Slagelse Municipality did not violate the human rights of two children with disabilities who received care at the Heimdal residential facility, the Eastern High Court ruled, DR reports.

One child, Lucas, was born with a brain injury and regularly received respite care at Heimdal. He died of pneumonia in 2013, aged two. The other child, Maigen, lived at the facility until 2020 and suffered severe constipation that her parents say was life-threatening.

The parents argued that the children suffered serious neglect that breached their right to protection under the European Convention on Human Rights. In Lucas’s case, they said staff failed to supervise him adequately despite knowing his support needs and condition during the weekend he died, violating his right to life.

Slagelse Municipality said it was satisfied with the ruling. Lone Berner Wolff, the municipality’s head of disability and psychiatry services, called the case one “without winners”, saying it had affected the children, their families and staff.

The family’s lawyer, Lisa Edl-Dalgas of Pramming Advokater, said the ruling confirms that human rights apply to municipal residential facilities, an issue she said had not previously been clarified. She said the legal defeat did not lessen the human consequences of the case.

Maigen’s mother, Kathrine Butzbach, told DR that the families intend to appeal to the Supreme Court. Maigen is now 23 and lives at another residential facility.