This guide is informational. Always verify how the rules apply to your specific case.
Brief answer: The Social Welfare Board applies for LVU care, and the Administrative Court decides. The child and the guardians are normally provided with public counsel. The court reviews written material and usually holds an oral hearing before granting or denying the application.
From investigation to application
- The Social Services investigate the child's situation and possible voluntary solutions.
- The Social Welfare Board decides whether to apply for care according to Section 2 or 3 of the LVU.
- The application and attachments are sent to the Administrative Court.
- The court normally appoints public counsel and communicates the material.
- The parties submit written statements and evidence.
- The Administrative Court holds an oral hearing and delivers a judgment.
In the case of an immediate custody an earlier urgent review takes place. If the child is taken into custody, a subsequent case regarding care is normally decided within two weeks from the application being submitted, but the time can be extended when further investigation or a special circumstance requires it.
What should be included in the LVU application?
According to Section 4, the application must report, among other things, the young person's circumstances, the basis for the need for care, previous measures, planned care, how relevant information has been provided to the young person, and the young person's attitude.
Check particularly if the attachments actually support the summary. Common issues include unclear sources, mixed-up dates, second-hand information, and a claimed risk not being linked to the proposed care.
Public Counsel – who represents whom?
A public counsel is a lawyer, often an attorney or associate lawyer, who safeguards the party's interest and is paid by the state. The child and the guardians normally receive counsel. If their interests conflict, they should have different counsels.
A person who has reached the age of 15 represents themselves. For a younger child, the child's own counsel is normally the representative. This means that the child's counsel is not an additional lawyer for the guardian but should represent the child.
The oral hearing
In cases concerning care and termination, the administrative court and the court of appeal shall hold an oral hearing unless it is obviously unnecessary. If a party requests a hearing, it must always be held. In the administrative court, the court normally consists of one legally trained judge and three lay judges. In the court of appeal, three legally trained judges and two lay judges normally participate in cases concerning care or termination.
The hearing usually includes:
- the court's verification of attendance and claims,
- the social welfare committee's presentation of the application,
- the guardians' and the young person's position through their representatives,
- examination and review of written evidence,
- final summaries of why the application should be granted or denied.
How to prepare your response
| Question | Basis |
|---|---|
| Which LVU ground is invoked? | Indicate Section 2, Section 3, or both. |
| What is undisputed? | Acknowledge correct facts so that the focus is appropriate. |
| What is incorrect? | Specify the exact wording, correct information, and attachment. |
| Is there an apparent risk now? | Current, independent information and a concrete safety plan. |
| Can the care be provided voluntarily? | Clear consent to specified care and a practical implementation plan. |
Discuss with the counsel whether a witness contributes anything not already evident in writing. Each piece of evidence should have a clear theme: what exactly should the court understand from it?
Child's participation
The child should receive relevant information and have the opportunity to express their opinions. If the child does not present them personally, the stance should be clarified in another way as far as possible. Opinions are weighed according to age and maturity. A child under 15 years can be heard if it is not assumed to cause harm.
Avoid instructing the child on what to say. It can harm the child and the reliability of the material. Instead, focus on ensuring the child has a secure connection with their own counsel and can speak without pressure.
Judgment and appeal
The Administrative Court can approve or reject the application. Always follow the appeal instructions in the judgment. LVU cases regarding care can be appealed to the Court of Appeal without leave to appeal. Specify which decision you are appealing, what change you want, why, and what evidence you are citing.
Note that other types of decisions – for example, certain decisions from the National Board of Institutional Care – may have different rules, including requirements for leave to appeal. Read the decision's own instructions.
Frequently Asked Questions
Does the public counsel cost anything?
No, the counsel is funded by the state.
Do I have to speak myself in court?
Your counsel will speak on your behalf, but you may receive questions and have the opportunity to give your perspective. Prepare short, factual answers.
Is the hearing public?
The court may decide that the hearing will be held behind closed doors, which often occurs because LVU cases contain confidential information.
Sources and related
- Custodians' rights under LVU
- Appeal or request the termination of LVU
- Sveriges Domstolar: decision on LVU care
- Sveriges Domstolar: oral hearing in LVU cases
- LVU, particularly Sections 4, 33–40
Last fact-checked: July 29, 2026.
