Bærum municipality criticized for denial of personal assistance to boy with disabilities
Monday 26th August 2024 on 17:54 in
Norway
Kristin Thoen has fought for years to secure assistance for her 10-year-old son who has Asperger’s syndrome and Tourette’s syndrome. After being denied a personal assistance arrangement (BPA) by the Bærum municipality, she lodged a complaint. The county governor criticized the municipality for significant errors in case handling, including violations of the Convention on the Rights of the Child and administrative law. The county governor has overturned Bærum’s denial of BPA and required the municipality to reassess the case within four weeks. Bærum has stated that they will take the criticism seriously and conduct a thorough review.
Kristin described her experience as surreal, akin to a horror film, upon receiving the ruling from the county governor, which highlighted various mistakes made during the handling of her complaint. She had fought tirelessly, feeling that the municipality was unsupportive. The county found that Bærum failed to properly consider what was best for her son, contrary to the Convention on the Rights of the Child, which mandates that a child’s best interests must be a primary consideration.
The county governor also criticized Bærum for inadequate assessments of both the child’s needs for assistance and the mother’s caregiving responsibilities.
In light of the ruling, Bærum is now required to meaningfully evaluate what is in the boy’s best interest, allowing him to express his views on the matter. The municipality acknowledged the need for a more thorough review and admitted that procedural errors may have led to the incorrect decision. Kristin hopes for a corrective decision regarding BPA that includes proper consideration of her son’s needs.