Mellan lagens intention och kommunens intressen - En kvalitativ textanalys med fokus på bedömning av skälig levnadsnivå avseende rätten till särskilt boende för äldre.

Sammanfattning: The aim of this study was to research the assessment of a reasonable standard of living in relation to a holistic view regarding the right of care in a nursing home. Our selection of empirical material was 6 judgements from Swedish courts and 16 social inquiry from local authorities of social work. The material was limited to dismissal of the right of care in a nursing home, within the years of 2016 to 2019. An analysis of judgements was initial in our study, where we used Lupita Svenssons method for non-solicitors to analyse the judgments connection to the intention of the law of social services. The results of the analysis became access to the qualitative text analysis of the social inquiries, with a perspective of salutogenic administration and discretion. The main result of this study was that the courts' assessments are based on a precedent from the supreme administrative court, that emphasizes the intention of the law of a holistic view. The results also showed that the local authorities rarely make a holistic assessment and that local guidelines limit the care administrators discretion. Which jeopardize that the assessments are not in accordance with the intention of the law of social services.