Page 20 of 30 authorities had been individually involved with the Olsson family; they had co-ordinated their activities in 1979, from which time a psychiatric team had followed the case (see paragraph 9 above). Various measures had been taken with a view to assisting the family and a number of case conferences had been held (see paragraphs 9, 10 and 11 above). It cannot therefore be said that the authorities intervened without adequate knowledge of the background. The Council’s decision was based on a substantial report, compiled by the social administration after the children had been placed in care for investigation, which concluded that their development was in danger since they were living in an environment which was unsatisfactory due to their parents’ inability to satisfy their need for care, stimulation and supervision (see paragraph 12 above). That report was in turn supported by a number of statements from persons well acquainted with the case, including a medical report signed not only by Dr. Bosaeus but also by a psychologist, Helena Fagerberg-Moss; both were members of a team which was in touch with the family and the latter had, before the decision to place the children in care for investigation was taken, seen Helena and Thomas in order to assess their development and also visited the applicants’ home (ibid.). It is true that the medical report referred to the applicants’ having been registered as retarded, whereas a subsequent examination revealed that they were of average intelligence (see paragraphs 9 and 12 above). However, as the Administrative Court of Appeal stated in its judgment of 16 February 1987 (see paragraph 31 above): "As far as can be ascertained from the decision to take the Olsson children into care, the primary reason for this action was not any alleged mental retardation on the part of Mr. and Mrs. Olsson. The main reason cited in support of forced intervention was instead the parents’ ‘inability to give the children satisfactory care and upbringing’ - in view of Stefan’s obviously retarded development, for instance, and the retarded linguistic development of all the children." In addition, as the minority of the Commission pointed out, the County Administrative Court’s judgment of 30 December 1980 was not founded solely on the documentation that had been before the Council. It had previously held a hearing, at which Mrs. Olsson and the children were represented and Dr. Bosaeus was heard as an expert (see paragraph 13 above), and it thus had the benefit of its own personal impression of the case. This was, moreover, a judgment which was referred on appeal to both the Administrative Court of Appeal and the Supreme Administrative Court, without being reversed (see paragraphs 14 and 15 above). 74. In the light of the foregoing, the Court has come to the conclusion that the impugned decision was supported by "sufficient" reasons and that, having regard to their margin of appreciation, the Swedish authorities were reasonably entitled to think that it was necessary to take the children into care, especially since preventive measures had proved unsuccessful. (b) The refusals to terminate care 75. In its judgment of 17 November 1982 (see paragraph 28 above), the County Administrative Court set out the following reasons for confirming the Council’s decision of 1 June 1982 to refuse the applicants’ request for termination of the care of the children: (a) on returning to his foster home after visits to his parents, Stefan had been disturbed in various ways and had relapsed into his previous negative behaviour; his return trip on 28 June 1982 had developed in an unfortunate way for him; (b) the applicants had had difficulties in co-operating with Stefan’s foster home and the Council; (c) the applicants still showed a lack of comprehension and ability to give the children satisfactory care and education, so that it had to be feared that termination of care could at that time involve great risks for their health and development. Here again, these reasons are clearly "relevant" to a decision to maintain a child in care. However, whether they were "sufficient" in the present case calls for further scrutiny. 76. It has to be recalled that the Council’s refusal to terminate care was based on reports compiled by the social administration which concluded that the parents were at the time incapable of giving the children the necessary support and encouragement (see paragraph 27 above). These reports were in turn supported by statements from persons well acquainted with the case, including the psychologist, Helena http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=60525252&skin=hudoc-en&a... 10/13/2010

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