Page 6 of 30 The applicants alleged that, before this medical report was prepared, Dr. Bosaeus had never met them and had never visited their home. They also complained of the fact that she did not herself examine the children until 10 September 1980, after they had been placed in care for investigation on 22 August 1980; at that time they were in a state of shock as a result of violent police action on their removal from their home and of their completely new environment. It appears, however, that the psychologist Helena Fagerberg-Moss assessed Thomas on 5 October 1979 and had visited the parents’ home on 25 March 1980, when she assessed the development of Helena. 13. Since the applicants did not consent to the Council’s decision of 16 September 1980, the matter was submitted, pursuant to section 24 of the 1960 Act (see paragraph 44 below), to the County Administrative Court (länsrätten) at Gothenburg. It held a hearing on 18 December 1980, at which Mrs. Olsson was represented by a lawyer under the Legal Aid Act (rättshjälpslagen) and the children by official counsel (offentligt biträde); Dr. Bosaeus was heard as an expert. By judgment of 30 December 1980, the County Administrative Court confirmed the Council’s decision. It stated (translation from the Swedish): "It appears from the investigation of the case that the children, Stefan, Helena and Thomas, who all place specially high demands on those who care for them, have for several years been living in an unsatisfactory home environment as a result of the parents’ inability to satisfy the children’s need of care, stimulation and supervision. Stefan and Thomas disclose a clear retardation in their development and all three children are backward in language development. According to Dr. Bosaeus, who issued a medical report on 12 September 1980 and was heard as an expert in the oral proceedings, there is a great risk that Helena will develop negatively if she stays in the parents’ home. It is therefore as important to place her in a foster home as it is for Stefan and Thomas. Dr. Bosaeus has accordingly recommended taking the three children into care. Preventive measures with a home-therapist have been tried for several years and supervision has been arranged without any resulting improvement. It must therefore be considered as proved that the health and development of the children are jeopardised as a result of the parents’ present inability to give them satisfactory care and education. The decision submitted is therefore compatible with the provisions in section 25(a) and section 29 of the 1960 Act." 14. Mrs. Olsson appealed to the Administrative Court of Appeal in Gothenburg (kammarrätten; see paragraph 50 below); her husband concurred in the appeal. The Council and official counsel for the children moved that the appeal be rejected. The Administrative Court of Appeal held a hearing and then, on 8 July 1981, confirmed the judgment of the County Administrative Court. However, one of the three judges and one of the two laymen sitting in the Court of Appeal, whilst agreeing with the taking of Helena into care, dissented as regards Stefan and Thomas. 15. Mrs. Olsson sought to appeal to the Supreme Administrative Court (regeringsrätten; see paragraph 50 below), but on 27 August 1981 it refused her leave to appeal. C. Implementation of the care decisions 1. Placement of the children 16. On 22 August 1980, following the decision of the Chairman of the Council (see paragraph 11 above), the children were placed in a children’s home in Gothenburg for an investigation of their situation. They remained there until their subsequent placement in separate homes, as described below. (a) Stefan 17. Around 1 October 1980, the applicants removed Stefan from the children’s home and hid him for approximately one month. He was then placed in an educational home in Gothenburg run by the Board for the Retarded, but his parents again took him away and hid him for about two months. As from 28 February 1981, Stefan was placed, with the assistance of the police, with a foster family of the name of Ek - where he had previously spent some summers - at Tibro, approximately 100 http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=60525252&skin=hudoc-en&a... 10/13/2010