The case in summary: Kristin Thoen has for several years fought for help for her 10-year-old son, who has Asperger’s syndrome and Tourette’s syndrome. When she was refused BPA (user-directed personal assistance), she complained. The state administrator criticizes Bærum municipality for gross errors in the proceedings, including violations of the Convention on the Rights of the Child and the Public Administration Act. The state administrator has revoked Bærum’s refusal of BPA and sent the case back to the municipality for further processing. Bærum municipality has been given a deadline of four weeks to come up with a new decision. The municipality says that they take the criticism seriously and that they will review it thoroughly. The summary is made by an AI service from OpenAI. The content is quality assured by news’s journalists before publication. – I think it’s completely wild. I hardly even believe that it is possible. It’s like being in a movie. A horror movie. This is how Kristin Thoen describes it, when she has now received the decision from the State Administrator after what she has been through. They have dealt with her appeal, after she was refused BPA by Bærum municipality. And found a number of errors in the proceedings. – It is incredible that it will work, says Kristin. Breach of the Convention on the Rights of the Child news has previously told about her struggle to get help for her 10-year-old son. He has Asperger’s syndrome and Tourette’s syndrome. She felt opposed by the municipality, and described it as an endless struggle. Now the State Administrator has issued a scathing criticism of the way the municipality has handled the case. In her complaints, Kristin has pointed out that Bærum has not taken into account what is best for her son. And she gets support. According to the UN Convention on the Rights of the Child, the best interests of the child must be a fundamental consideration. – I think this is outrageous, says Kristin. She has also been disappointed by the offer she has received of relief from the municipality. She herself has believed that her son needs one-to-one follow-up. But instead, she has been offered some relief at an institution where he is in a group with other, older children. Kristin has believed that her son is getting sicker from being there. – We cannot see that the municipality has taken a decision on or why it is in the boy’s best interest to be on respite in an institution versus, for example, respite organized as BPA, writes the State Administrator in his decision. The 10-year-old boy likes to build Lego. Photo: Hallgeir Braastad / NRKThe 10-year-old boy likes to build Lego. Photo: Hallgeir Braastad / news Not being heard Kristin has also not experienced that her son has been heard. According to the Convention on the Rights of the Child, children have the right to express themselves about all matters that affect them. This can also happen through, for example, a mother. And that is part of the basis for the assessment of the child’s best interests. – It is serious and unbelievable that it will go ahead, says Kristin. The state administrator believes, among other things, that the municipality has not done a good enough job of mapping out how much help Kristin must give her son in everyday life. There is a breach of the so-called Public Administration Act. The state administrator believes there is reason to believe that the errors Bærum has committed may have led to Kristin’s refusal. Here Bærum municipality responds to the criticism. – A relief Initially, the State Administrator should assess whether the conditions for BPA have been met. But in Kristin’s case, they have had to assess whether the municipality has followed the procedure rules. – The state administrator highlights so many errors in the proceedings that it has not actually been possible for them to assess the right to BPA. And it is quite rough, she says. But Kristin is relieved. – It is a relief to get it in black and white from the State Administrator that the municipality here has made serious mistakes. Then it’s not just in my experience. She believes that the violations of the Convention on the Rights of the Child are serious – it is a violation of human rights. – You wouldn’t think it would be a problem where we live. But it is. Kristin Thoen has many papers about her case. Photo: Hallgeir Braastad / NRKKristin Thoen has many papers about her case. Photo: Hallgeir Braastad / news Makes demands on Bærum The state administrator has now revoked Bærum’s rejection of BPA and sent the case back to the municipality for new processing. The state administrator makes demands on Bærum municipality The municipality must make an actual assessment of what is in the boy’s best interests and give him the opportunity to express his views on the matter. Map, assess and time his need for help. Mapping, assessing and timing the care tasks the mother has. (Measured in hours per day or week) and what of this is considered to be particularly burdensome, and the extent (fixed time) of the particularly burdensome care work. The municipality must then assess which health and care services cover the need for assistance with a reasonable standard. The municipality has been given a deadline of four weeks to come up with a new decision. Bærum municipality says they will thoroughly review the criticism they have received. – We take this seriously. Children’s rights must be heard, says communications manager Richard Kongsteien. And he admits that errors in the procedural rules can lead to a decision not being correct. – In this case, it will mean that a new and more thorough survey of the case must be carried out before a new decision is made, says Kongsteien. This is not the first time the allocation office in Bærum municipality has been criticized. Earlier this year, the Løvemammaenes help service sent an eleven-page notice to the control committee in the municipality. The investigation revealed a system failure. According to Bærum municipality, they have initiated extensive work to follow this up. Moving back to the start After the State Administrator’s decision, Kristin experiences moving back a little to the start. Kristin Thoen has dreams for the future. Photo: Hallgeir Braastad / NRKKristin Thoen has dreams for the future. Photo: Hallgeir Braastad / news Now she hopes that the municipality will do things right. – That they listen to my son and me, through me. And of course I hope that they come up with a decision on BPA. Published 26/08/2024, at 16.06
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The state administrator believes Bærum municipality has violated the Convention on the Rights of the Child – Greater Oslo
