Swedish Supreme Administrative Court rules on preventive personal assistance

The Swedish Supreme Administrative Court (Högsta förvaltningsdomstolen) has ruled that preventive support for personal assistance can be granted even in the absence of serious incidents.

The decision follows a case involving a girl with recurring outbursts. Previously, the Swedish Social Insurance Agency and the Administrative Court of Appeal in Sundsvall had denied support, arguing that the outbursts lacked the necessary frequency or severity to justify preventive measures.

The Supreme Administrative Court overturned this, stating that because the goal of the support is to minimize the risk of harm, it is not necessary for serious incidents to have already occurred. Instead, the decisive factor is whether interventions are required to avoid or manage situations that could lead to serious consequences.

This ruling aligns with the “Strengthened Right to Personal Assistance” law that took effect on January 1, 2023, which introduced preventive support for individuals with mental disabilities to prevent physical harm to themselves, others, or property.