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consider that Helena and Thomas could not be placed in foster homes in the Gothenburg region. It
seems unfortunate that they were placed at so great a distance from Gothenburg, but it may have been
difficult to find foster parents able and willing to satisfy the special needs of these two children. In our
opinion, the Council’s view that it was not appropriate to place both of them in the same foster home has
to be accepted. Moreover, we are satisfied that the Council did really try to place them in the same
village, but that this became impossible because one of the chosen families in the end declined to receive
the child. In any event, the national authorities must enjoy a considerable discretion in this respect, since
the decision on such a matter has to be based on an overall appraisal of a number of facts, including the
availability of suitable foster homes and the needs of the children taken into care.
As to the restrictions on visits, it should be mentioned that the County Administrative Court
confirmed them on two occasions and that, after its decision of 3 October 1985, Mr. and Mrs. Olsson
withdrew their appeal on this point in subsequent proceedings before the Administrative Court of
Appeal (see paragraph 24 of the European Court’s judgment). Moreover, they did not make full use of
their entitlement to visit in accordance with the decisions taken and, on the subject of contacts with the
children, their whole attitude seems to have been rather negative as regards co-operation with the foster
parents and the social authorities (see paragraphs 25 and 26 of the judgment).
In the particular circumstances of the case and taking into account the domestic authorities’ margin of
appreciation, we have come to the conclusion that the measures taken in implementation of the care
decision could reasonably be considered necessary and proportionate to the legitimate aim pursued, and
that they accordingly did not give rise to a violation of Article 8 (art. 8) of the Convention.
http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=60525252&skin=hudoc-en&a... 10/13/2010