Ledsagarservice - Särskilt om gravt synskadades rätt

Sammanfattning: The purpose with the essay is to examine those who severely visually impaired’s right to an attendant. The essay’s problem statements will be answered by using a legal dogmatic method where the law, propositions, doctrine and cases are examined. The essay is split into two parts. The first part handles lagen (1993:387) om stöd och service till vissa funktionshindrade (LSS) and applicable cases. For the individual to have a right to an attendant according to LSS they need to fulfill all the necessary conditions. The individual needs to have a permanent and major disability that is not caused by normal aging, significant difficulties during the daily life, and a major need for support and service. By using an attendant the individual is ensured good living conditions. The case examination shows that there is a difference in the assessment between the propositions and the cases, especially by the fact that the service of an attendant is not assessed along the necessary conditions. The proposition’s vagueness is also the cause for the court being able to exclude the severely visually impaired from gaining access to an attendant. The individual needs a great amount of certification and sometimes a combination of visual impairment and another complaint to be able to access an attendant. The second part of the essay handles socialtjänstlagen (2001:453) (SoL) and is mostly a comparison. SoL demands that the individual cannot get his or her need satisfied in any other way. The primary differences between SoL and LSS is that an attendant if given with SoL demands that the individual has exhausted all means to get his or her need satisfied, that the service can cost 1 900 kronor, that the attendant can only be used for a certain amount of hours and that the individual’s standard of living only has to be reasonable.