It was in May 2021 that Falu municipality decided to place five-year-olds John Walter at the HVB home in Hagfors, Värmland.
Just over two weeks later, the boy escaped and was later found drowned in nearby Uvån.
The parents sued the municipality for damages, because the boy was placed in the home despite several criticisms from Ivo (Inspection for Care and Care). The Falu District Court is now rejecting their request.
The HVB home raised the alarm after over 50 minutes – John, 5, drowned
Broken fences
The district court does state that the municipality knew both that the boy was very prone to escape and that there were broken fences and gates at the residence. However, the municipality could not know that the boy would be left unattended at home for a short while, according to the court.
“The investigation in the case does not support any other conclusion than that the density of personnel around the boy was what was absolutely decisive for his safety and that he would not be able to escape. Therefore, the district court’s assessment that there were certain deficiencies in the fence and gates is not affected” , says the lawman Johan Rosén in a press release.
The Court of Appeal exonerates two employees after the death of five-year-old John Walter at an HVB home
Uvån in Hagfors, where the boy was found dead in June 2021. Photo: Joachim Lagercrantz/TTEuropean Convention
The parents’ suit was based on two articles in the European Convention, partly on the boy’s right to life, partly on the parents’ right to protection for family life. However, the Falu district court does not consider that it has been proven that the municipality violated the convention.
The parents had demanded damages of a total of SEK 972,400 from Falu municipality.
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