Supreme Court: Boy without special support was discriminated against

A boy with a disability did not receive sufficient support to cope with school. Now the Supreme Court is ordering Malmö Municipality to pay 20,000 kronor in discrimination compensation. The verdict will have great significance for many children, believes the boy's legal representative.

» Published: June 13 2024

Supreme Court: Boy without special support was discriminated against
Photo: Magnus Andersson/TT

A boy with a disability did not receive sufficient support to cope with school. Now, the Supreme Court (HD) has ordered Malmö Municipality to pay 20,000 kronor in discrimination compensation. The ruling will have significant implications for many children, believes the boy's legal representative.

The ruling is clear on the issue of the school's responsibility for a child who has not yet received a medical diagnosis, that they are still covered by the discrimination law's protection, says the representative Johanna Ingemarsson.

It is particularly important, she believes, since many children have to wait a long time before being examined and it then takes time to establish a diagnosis.

The HD has found that the boy was subjected to discrimination due to lack of accessibility as he did not receive sufficient support. From the start of school, he had problems with concentration, impulse control and social interaction.

High absenteeism

The school made adaptations, but the problems worsened. In the autumn of 2017, the school conducted an investigation which concluded that he needed special support, but still did not receive it, notes the HD.

The school acknowledges that what they do is not enough, but then nothing more is done for an entire school year, comments Johanna Ingemarsson.

The consequence was high absenteeism and the boy missing out on large parts of his education during the period.

If the Education Act is not followed and this has concrete consequences for the pupil's opportunity to participate in education, it should be seen as discrimination, according to the HD.

The boy did not receive an autism diagnosis until the end of the period in question. Malmö Municipality has argued that the discrimination legislation only applies when such a diagnosis becomes known to the school, but did not receive support for this in the HD.

Not intentional

In assessing the damages, the HD has taken into account that the school's intention was never to discriminate against the boy and that the school took several measures to help him, albeit insufficiently.

The low amount was a disappointment, but it is not about the money for the boy and his family, but about getting confirmation that he was discriminated against, emphasizes Johanna Ingemarsson.

This is not a local problem at one school, we see that this is a national problem that exists in many schools. It affects very, very many.

Tags

TTT
By TTThis article has been altered and translated by Sweden Herald

More news

Swedish Authorities to Probe Lexbase
1 MIN READ

Swedish Authorities to Probe Lexbase and Krimfup for GDPR Compliance

Swedish Police Arrest 15 in
2 MIN READ

Swedish Police Arrest 15 in Global Crackdown on Darknet Abuse Site

Father and Brother Convicted in
2 MIN READ

Father and Brother Convicted in Swedish Honor Killing Case

No New Rules Needed for
1 MIN READ

No New Rules Needed for Hunting Sabotage, Says Swedish Inquiry

Social Democrats Push to End
2 MIN READ

Social Democrats Push to End Sick Pay Deduction in Sweden

Kristersson: Sweden Intensifies Efforts for
2 MIN READ

Kristersson: Sweden Intensifies Efforts for Journalist Detained in Turkey

Kristersson: EU Ready to Tackle
2 MIN READ

Kristersson: EU Ready to Tackle US Tariffs Together

Google to Slow Pixel Phone
2 MIN READ

Google to Slow Pixel Phone Charging for Better Battery Health

Teen Sentenced to Nearly 9
1 MIN READ

Teen Sentenced to Nearly 9 Years for Murder of 16-Year-Old in Stockholm

Suspected Sinkhole Disrupts Gothenburg Tram
1 MIN READ

Suspected Sinkhole Disrupts Gothenburg Tram Lines 4, 7, 9, and 11

Sweden Allocates 500 Million Kronor
2 MIN READ

Sweden Allocates 500 Million Kronor to Enhance Psychiatric Care

Postcode Lottery Halts Phone Sales
2 MIN READ

Postcode Lottery Halts Phone Sales After Aggressive Tactics Exposed

Working Longer Boosts Pensions More
2 MIN READ

Working Longer Boosts Pensions More Than Higher Fees

Boy Under 15 Arrested in
1 MIN READ

Boy Under 15 Arrested in Attempted Murder Case in Sweden

Report Highlights Workplace Vulnerability of
2 MIN READ

Report Highlights Workplace Vulnerability of Young Women in Sweden

Fasting Three Days a Week
3 MIN READ

Fasting Three Days a Week Yields Greater Weight Loss Than Calorie Cutting

Medicine Turns Human Blood Toxic
2 MIN READ

Medicine Turns Human Blood Toxic to Mosquitoes, Offering Malaria Hope

Explosion at Malmö Apartment Building
1 MIN READ

Explosion at Malmö Apartment Building Under Investigation

Two Seriously Injured in Ydre
1 MIN READ

Two Seriously Injured in Ydre Car Crash; Police Investigate Negligence

Suspicious Object in Malmö Deemed
1 MIN READ

Suspicious Object in Malmö Deemed Harmless by Police

Lena Nyberg Takes Helm of
1 MIN READ

Lena Nyberg Takes Helm of Sami Truth Commission

Tony's Chocolonely Recalls Chocolate Over
1 MIN READ

Tony's Chocolonely Recalls Chocolate Over Stone Contamination Risk

Sweden Expands Conscription Eligibility with
1 MIN READ

Sweden Expands Conscription Eligibility with Streamlined Process

Suspect Detained in Uddevalla Mosque
1 MIN READ

Suspect Detained in Uddevalla Mosque Fire Investigation

Critics Urge Sweden to Scrap
2 MIN READ

Critics Urge Sweden to Scrap Proposal on Lifestyle-Based Permit Revocation

Swedes Enjoy Longer Lives but
2 MIN READ

Swedes Enjoy Longer Lives but Face Growing Health Inequality

Stockholm Region's Journalist Register Sparks
2 MIN READ

Stockholm Region's Journalist Register Sparks Privacy Concerns

Woman Hospitalized After Attempted Murder
1 MIN READ

Woman Hospitalized After Attempted Murder in Örsundsbro, Suspect Arrested

Journalist Joakim Medin Declares from
2 MIN READ

Journalist Joakim Medin Declares from Turkish Prison: Journalism Is Not a Crime

Fredrick Federley Eyes Return to
1 MIN READ

Fredrick Federley Eyes Return to Center Party Politics in Sweden

Kristersson: Swedish Efforts Intensify for
1 MIN READ

Kristersson: Swedish Efforts Intensify for Journalist's Release in Turkey

Nina Larsson Steps In as
2 MIN READ

Nina Larsson Steps In as Sweden's New Gender Equality Minister

75-Year-Old Woman Arrested in Ale
1 MIN READ

75-Year-Old Woman Arrested in Ale for Suspected Murder of Elderly Man

New Blood Marker Tracks Alzheimer's
2 MIN READ

New Blood Marker Tracks Alzheimer's Progression, Aiding Drug Approval

Stefan Löfven Leaves Facebook Citing
1 MIN READ

Stefan Löfven Leaves Facebook Citing Concerns Over Democracy

Sweden to Announce New Minister
1 MIN READ

Sweden to Announce New Minister for Gender Equality and Labor Market

Region Skåne to Pay 80
1 MIN READ

Region Skåne to Pay 80 Million Kronor in Ambulance Dispute Settlement

Greta Thunberg Removed by Police
1 MIN READ

Greta Thunberg Removed by Police During Stockholm Climate Protest

Man in His 50s Killed
1 MIN READ

Man in His 50s Killed by Falling Beam in Mölndal Workplace Accident

Swedish Teen Sentenced to 8
1 MIN READ

Swedish Teen Sentenced to 8 Years in Denmark for Attempted Murder