In the spring of 2020, staff at a school in Malmö noticed that two of their students started showing up less and less often. A year later, the children did not come to school at all.
In a letter to the management, the parents expressed concern about the school’s infection control during the then ongoing corona pandemic, even though the school had, among other things, improved its ventilation, reports South Sweden.
“The risk must go away. Completely. And you CAN. We know that!” wrote the parents, according to the newspaper.
Flee to Åland
In the end, the primary school board decided to fine the parents, i.e. a penalty, of a total of SEK 16,800, if they did not ensure that the children were at school.
The parents refused on the grounds that the children themselves refused to go to school, according to court documents TV4 Nyheterna has seen.
The city of Malmö then proceeded to the administrative court. The court followed the municipality’s line and imposed the fine. The family then moved to Mariehamn on Åland, where there is no compulsory schooling.
From there, they appealed to the Court of Appeals, which ruled in their favor, on a technicality.
The court held that the administrative court had not had the right to issue the penalty before the judgment had become legally binding, that is, before the time during which the parents had the right to appeal had expired.
Proceeded to the highest court
The city of Malmö appealed to the highest instance, the Supreme Administrative Court, which called in all the justices.
– It is unusual. It doesn’t even happen once every year, says Justice Kristina Ståhl to Sydsvenskan.
On January 10 this year, the verdict came. A dissenting court sided with the parents. The family now avoids fines.
The city of Malmö is very disappointed.
– I can only interpret the sentence as that it will now be more difficult for us to sentence the fine, says municipal councilor Sara Wettergren (L) to Sydsvenskan.