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Hela havet stormar: En rättsfallsstudie om tillämpningen av LVM och LPT vid samsjuklighet
Linnaeus University, Faculty of Social Sciences, Department of Social Work.
Linnaeus University, Faculty of Social Sciences, Department of Social Work.
2017 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesisAlternative title
Musical chairs : A legal case study on the application of LVM and LPT at comorbidity (English)
Abstract [en]

This article is about the application of the two coercive legislations, Care of Abusers (Special Provisions) Act (LVM) and  the Compulsory Psychiatric Care Act (LPT) when individuals suffer from comorbidity. The authority who files the application for coercive interventions differs between the legislations. In LVM the social welfare board files the application and in LPT the chief psychiatrist.  Earlier research has shown that the individuals of the comorbidity group do not get their needs met in either of the legislations. It has also occurred that concrete arguments which relate to statutory criteria are missing. Our aim was to gain knowledge about how the court argued for these criteria, especially in cases where comorbidity exist. Another aim was to see which legislation that gave legal impact. Finally, we wanted to examine the roles of the chief psychiatrist and the social welfare board in court negotiations. We decided to study twenty court cases from Administrative court, ten cases from LVM and ten from LPT where the same individual had been committed to coercive care according to both legislations, this to capture the comorbidity. We interpreted the documents using discourse analysis and selected two concepts, inspired by Foucault and Fairclough, that we thought could be fruitful for our analysis. The result shows that there is more often argumentation about if the legal criteria in LVM are fulfilled compared to LPT where the argumentation is less informative. This result may have been influenced by the secrecy of Law. We also found out that the legislation that was given legal impact depended on the authorities assess of which need that was most urgent. The last finding was that the chief psychiatrist`s opinion was never questioned by the court, but the statements made by the social welfare board was.

Place, publisher, year, edition, pages
2017. , p. 52
Keywords [en]
comorbidity, drug abuse, mental illness, compulsory care, LVM, LPT
Keywords [sv]
samsjuklighet, missbruk, psykisk ohälsa, tvångsvård, LVM, LPT
National Category
Social Work
Identifiers
URN: urn:nbn:se:lnu:diva-60088OAI: oai:DiVA.org:lnu-60088DiVA, id: diva2:1067812
Subject / course
Social Work
Educational program
Social Work Study Programme, 210 credits
Supervisors
Examiners
Available from: 2017-01-23 Created: 2017-01-23Bibliographically approved

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Bankel, AnnaJönsson, Ulrika
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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
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