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Fagerberg-Moss (ibid.). Above all, on this occasion as well, the County Administrative Court’s
judgment - like that of the Administrative Court of Appeal which confirmed it - was founded not only on
written material but also on a hearing in the presence of the applicants (see paragraphs 28 and 29 above).
And again, the judgment of the Administrative Court of Appeal was not reversed (see paragraph 29
above).
It could be thought that the children’s favourable development whilst in care and especially the
apparent improvement and stabilising by 1982 of the applicants’ situation - both of which were recorded
in the County Administrative Court’s judgment - militated against continuation of care. However, the
Court considers that it is justifiable not to terminate public care unless the improvement in the
circumstances that occasioned it appears with reasonable certainty to be stable; it would clearly be
contrary to the interests of the child concerned to be restored to his parents, only to be taken into care
again shortly afterwards.
77. In the light of the foregoing, the Court has come to the conclusion that in 1982 the Swedish
authorities had "sufficient" reasons for thinking that it was necessary for the care decision to remain in
force. Neither has it been established that a different situation obtained when they subsequently
maintained the care decision until its final reversal on different dates in the first half of 1987 (see
paragraphs 30 and 31 above).
3. The implementation of the care decision
78. According to the applicants, the implementation of the care decision also gave rise to a violation
of Article 8 (art. 8). They relied, inter alia, on the placement of the children separately and at a long
distance from each other and their parents, on the restrictions on and the conditions of visits and on the
conditions in the homes where the children were placed.
79. In contesting this claim, the Government argued that the measures relating to the placement of
the children had been taken in good faith, were not unreasonable and were justified by the special
circumstances. They adverted in particular to the following matters: the fear that the parents might
remove the children, as they had previously done with Stefan (see paragraph 17 above); the desire to
avoid keeping the children in institutions for too long, coupled with the limited supply of suitable foster
homes; the special needs of Stefan, which led to his being placed with the Ek family whom he already
knew, his subsequent move having been motivated solely by conflicts between the natural and the foster
parents (see paragraph 17 above); the view that, having regard to Helena’s inclination "to take too great
a responsibility for her brother Thomas" (see paragraph 12 above) and to the special needs of these two
children, it would not have been realistic or "psychologically appropriate" to place them in the same
foster home; and the last-minute impossibility of fulfilling the original intention to place these two
children in the same village (see paragraph 19 above).
The Government further submitted that the applicants’ previous removal of Stefan from his home and
their attitude of confrontation towards the foster parents, respectively, justified the initial and the later
restrictions on their access to Helena and Thomas (see paragraph 24 above). They added that Mr. and
Mrs. Olsson had in any event not made full use of their entitlement to visit all three children.
80. The Court finds, like the Commission, that it is not established that the quality of the care given
to the children in the homes where they were placed was not satisfactory. The applicants’ complaint on
this score must therefore be rejected.
81. As for the remaining aspects of the implementation of the care decision, the Court would first
observe that there appears to have been no question of the children’s being adopted. The care decision
should therefore have been regarded as a temporary measure, to be discontinued as soon as
circumstances permitted, and any measures of implementation should have been consistent with the
ultimate aim of reuniting the Olsson family.
In point of fact, the steps taken by the Swedish authorities ran counter to such an aim. The ties
between members of a family and the prospects of their successful reunification will perforce be
weakened if impediments are placed in the way of their having easy and regular access to each other.
Yet the very placement of Helena and Thomas at so great a distance from their parents and from Stefan
http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=60525252&skin=hudoc-en&a... 10/13/2010