Was alone against the state • Was accused of being a benefit cheater • Saved by the grandson
Ing-Marie Andersson, 85, was accused of being a benefit cheater.
The Swedish Social Insurance Agency wrongly claimed SEK 4.3 million from her.
– Individuals have to pay the bill for the authorities’ mistakes, says Fredrik Bergman Evans, director of the Center for Justice.
Ing-Marie Anderson, 85, was confined to a wheelchair after a traffic accident that left one leg completely paralyzed. Fifty years later, she still has a great need for help to cope with everyday life.
But a few years ago, she received a letter from Försäkringskassan – an incorrect decision to repay SEK 4.3 million for assistance compensation.
– It is a failure and a huge shortcoming in the rule of law, says Fredrik Bergman Evans, head of the Center for Justice.
Standing alone against the state
When Ing-Marie Andersson was falsely accused of benefit fraud, she stood completely alone. Because in law against the state, a private individual is expected by law to defend himself, unlike a criminal defendant who has the right to a lawyer.
Fortunately, she had a grandson who is a lawyer. After two instances, the court ruled that Ing-Marie Andersson had done nothing wrong and did not have to pay the million.
But it doesn’t look like that for everyone.
– When you are in legal proceedings with the authorities, you need a lawyer to have a fair chance to defend yourself. But it is very expensive and only those with a thick wallet are able to hire a lawyer.
Private individuals pay for the authorities’ mistakes
When a government decision is wrong or a private individual wants to challenge the state in court, almost everyone loses – over 90 percent, new figures from the Center for Justice show.
This is not only because the authorities are usually right, but because the law and the system have several flaws. This makes private individuals almost without a chance against the authorities in court.
– When the authorities make mistakes, it is not a given that individuals will receive compensation. Without the starting point is that individuals have to bear the risk of the authorities’ mistakes and have to pay the bill for it, says Fredrik Bergman Evans.
The law has not changed since the 1970s – when the law was as complicated as it is today. But on Wednesday, the law and its need for an update will be discussed in the Riksdag to make it easier for private individuals to defend themselves.