Can you claim compensation for lost childhood?

harmful relationships, lost childhoodharmful relationships, lost childhood
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Published: Jan 16, 2025

Growing up in harmful conditions can have long-term consequences. In Norway, there are opportunities to seek compensation for lost childhood if public authorities have failed in their responsibilities. Here is an overview of what this entails and how you can proceed:

What is compensation for lost childhood?

Compensation for lost childhood is provided to people who have experienced neglect, abuse or other serious circumstances during their childhood, where public authorities, such as child welfare services or schools, have failed to intervene or have acted negligently. This may include a lack of protection against violence, abuse or serious neglect.

When can you claim compensation?

To be entitled to compensation, the following conditions must be met:

  • Knowledge of the conditions: Public authorities knew or should have known about the harmful conditions.
  • Lack of intervention: The authorities have failed to take necessary measures to protect the child.
  • Harm caused: The lack of intervention has resulted in physical or psychological harm to the person affected.

How to proceed to seek compensation?
  1. Document your experiences: Collect all available documentation that supports your experiences, such as journals, reports, and witness statements.
  2. Seek legal assistance: Contact an attorney with experience in tort law to get guidance on your rights and options.
  3. Consider the statute of limitations: Be aware that there are statutes of limitations for filing claims. These deadlines can vary, and it is important to act as soon as possible.
  4. Submitting a claim: The lawyer will help you draft and submit your compensation claim to the appropriate authority.

Alternative compensation arrangements

In addition to ordinary compensation claims, there are special schemes, such as redress. This is a state compensation scheme for those who have experienced serious abuse or neglect, and where other compensation schemes are not adequate. To apply for redress, you must document the incidents and show that other compensation options have been exhausted.

Important considerations
  • Proof requirement: A preponderance of the evidence is required to prove that the alleged events took place. This means that it must be more likely that the events occurred than that they did not.
  • Statute of limitations: Although there are statutes of limitations, these can in some cases be extended if you only became aware of the damages and their cause as an adult.

Seeking compensation for lost childhood can be a demanding process, both legally and emotionally. With the right guidance and support, you can get the compensation you are entitled to. Contact Insa lawyers .

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Sue child welfare? Here's how to proceed.
Suing child welfare is a serious and complex process that requires thorough preparation and an understanding of both legal rights and obligations. Here is a guide for individuals in Norway who are considering suing child welfare:

1. Understand the role of child welfare services

The primary task of child welfare services is to ensure that children and young people living in conditions that may harm their health and development receive the necessary help and care at the right time. They must also contribute to safe growing up conditions for all children and young people.

2. Consider the basis for the lawsuit

Before considering suing child welfare, it is important to identify specific errors or shortcomings in their case management or decisions. This may include violations of case management rules, failure to follow up, or incorrect decisions. Document all relevant events and gather evidence to support your claims.

3. Explore complaint options

Before you file a lawsuit, you should make use of the available complaint options:

  • Complaint to child welfare: Start by sending a written complaint to the relevant child welfare service. Describe your concerns and request a review of the case.
  • Complaint to the State Administrator: If you do not receive a satisfactory response from the child welfare service, you can complain to the State Administrator in your county. They supervise the child welfare service's activities and handle complaints about the case processing.

4. Seek legal assistance

Suing child welfare involves complex legal processes. It is therefore crucial to engage a lawyer with experience in child welfare cases. A lawyer can help you assess the strengths and weaknesses of your case, guide you through the process, and present your case effectively.

5. Prepare the lawsuit

In collaboration with your lawyer, you should:

  • Collect documentation: Obtain all relevant documentation, including correspondence with child welfare services, decisions, reports, and other evidence.
  • Drafting a writ of summons: The lawyer will draft a writ of summons that outlines your claims and the basis for the lawsuit.

6. Be prepared for the legal process

Once the lawsuit is filed, the case will be heard in the district court. Be prepared that the process can be time-consuming and emotionally taxing. It is important to have realistic expectations and be aware that the outcome may vary.

7. Consider alternative solutions

In some cases, mediation or negotiations with child welfare authorities can lead to a solution outside the court system. This can be less burdensome and lead to faster results.

Suing child welfare is a significant decision that requires careful consideration. By following these steps and seeking professional assistance, you can navigate the process in a way that serves both your interests and your child's.

If you need assistance in your child welfare case from one of our child welfare lawyers, you can contact us or book a meeting here.

Consultation process in child protection cases
Consultation process in child protection cases

What is it?

Conversation process is a form of treatment in child protection cases, offered by the county social welfare board (the Board) as an alternative to a negotiation meeting. The aim is to bring about a constructive discussion between the parties to the case and reach an agreement without a negotiation meeting, which is more time- and resource-intensive and can be perceived as more stressful. All parties must consent to the interview process in order for it to take place. This form of treatment is therefore only relevant in cases where the parties agree that it may be appropriate in the case.

How does it work?

The Tribunal invites the parties to a meeting which takes place in a much less formal setting than a regular hearing. The meeting is attended by the parties, with their respective lawyers, and two members of the Tribunal: a chairperson and an expert. The role of the chairperson and the expert is to help the parties reach a solution. The chairperson should act objectively and neutrally during the discussion meeting.

The child is entitled to be present at the interview. The child has the right to be accompanied by a person of trust and the right to be heard. Alternatively, the child's opinion can be heard through a spokesperson or by the child speaking directly to the Board.

The private party must be represented by a lawyer during the interview process. The private parties are entitled to free legal aid and can choose their own lawyer.

What can be achieved?

Through the interview process, the parties can explore the possibility of finding voluntary solutions in the best interests of the child. For example, they may agree to try different support measures for a period of time or other temporary solutions in the best interests of the child. It is possible to have several meetings in a case to try different solutions. If no agreement can be reached through the interview process, the Board will schedule a negotiation meeting.

The discussion process can help to improve communication between the parties and, in the best case scenario, can help to find flexible and appropriate solutions in the best interests of the child.

 

Talk to one of our experienced lawyers to see if the interlocutory process could be relevant to your case - contact us for a no-obligation chat here.

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