This article is about the application of the two coercive legislations, Care of Abusers (Special Provisions) Act (LVM) and the Compulsory Psychiatric Care Act (LPT) when individuals suffer from comorbidity. The authority who files the application for coercive interventions differs between the legislations. In LVM the social welfare board files the application and in LPT the chief psychiatrist. Earlier research has shown that the individuals of the comorbidity group do not get their needs met in either of the legislations. It has also occurred that concrete arguments which relate to statutory criteria are missing. Our aim was to gain knowledge about how the court argued for these criteria, especially in cases where comorbidity exist. Another aim was to see which legislation that gave legal impact. Finally, we wanted to examine the roles of the chief psychiatrist and the social welfare board in court negotiations. We decided to study twenty court cases from Administrative court, ten cases from LVM and ten from LPT where the same individual had been committed to coercive care according to both legislations, this to capture the comorbidity. We interpreted the documents using discourse analysis and selected two concepts, inspired by Foucault and Fairclough, that we thought could be fruitful for our analysis. The result shows that there is more often argumentation about if the legal criteria in LVM are fulfilled compared to LPT where the argumentation is less informative. This result may have been influenced by the secrecy of Law. We also found out that the legislation that was given legal impact depended on the authorities assess of which need that was most urgent. The last finding was that the chief psychiatrist`s opinion was never questioned by the court, but the statements made by the social welfare board was.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-60088 |
| Date | January 2017 |
| Creators | Bankel, Anna, Jönsson, Ulrika |
| Publisher | Linnéuniversitetet, Institutionen för socialt arbete (SA), Linnéuniversitetet, Institutionen för socialt arbete (SA) |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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