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Detta är en Kandidat-uppsats från Linnéuniversitetet/Institutionen för socialt arbete (SA)

Sammanfattning: The following study focuses on compulsory care and its legislation. The Swedish legislation on compulsory care is divided into three laws - LVU, LVM and LPT. LVU is the Care of Young Persons Act, LVM is the Care of Abusers Act, and LPT is the Compulsory Psychiatric Care Act (Domstolsverket 2019). Previous research in the field shows that it is not only the legal norms that influence judgements regarding compulsory care (Friis 2005) and that several other influencing factors (Wallander & Blomqvist 2005) may have an impact on investigations and decisions regarding compulsory care. This has lead the aim of the study to investigate how foundations for compulsory care are constructed and what legal security issues may arise. The focus of what legal security issues that may arise is centralized around what consequences this may have on the person being subjected to forced care. The study was conducted with a qualitative discourse analysis where the focus was on identifying aspects of power and how grounds for coercive remedies are constructed in judgments. The empirical material has been collected by requesting judgements regarding compulsory care according to LVU, LVM and LPT from the administrative court in Växjö. The main results show that the construction of grounds for coercive care can be influenced by several different factors and it can be related to aspects of power, discretionary decision-making and norms.

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