Tian

Kampen rundt Tian

Den 8. januar starter ankesaken hvor Kvæfjord kommune ikke ønsker å gi Tian de tjenestene han har rett på. Kvæfjord kommune vil ikke gi tjenestene fordi de mener det blir for dyrt.

Den 15. april 2016 avslo Kvæfjord kommune søknaden om brukerstyrt personlig assistanse (BPA) for Tian. Fylkesmannen opphevet vedtaket. Foreldrene tok dels omsorgsoppgavene selv, dels betalte foreldrene selv for nødvendige omsorgstjenester. Den 27. aprill dømte Trondenes tingrett Kvæfjord kommune til  å betale Tians foreldre drøyt 1,6 millioner kroner i erstatning for foreldrenes dokumenterte kostnader med å sikre Tians tjenester.

Kvæfjord kommune har anket dommen og ankesaken kommer opp for Hålogaland lagmanserett mandag den 8. januar 2019.

Selve ankesaken er knyttet til erstatningsspørsmålet. Kommunen vedgår at Tian oppfyller retten til brukerstyrt personlig assistanse. Imidlertid hevder kommunen at Tian ikke hadde rett til den organisering og lokalisering av tjenestene som foreldrene hadde valgt. Begrunnelsen er at det ville vært billigere for kommunen å gi tjenestene på Borkenes og ikke på Bremnes hvor Tian bor. Kommunen viser til stordriftsfordeler og intensjonen om kostnadsnøytralitet, dvs. at brukerstyrt personlig assistanse ikke skal være et kostnadsdrivende tiltak.

Saken til Tian er et typisk eksempel som det finnes mange av. Brukerstyrt personlig assistanse er ikke kostnadsdrivende. Det å gi kollektive tjenester, kan være kostnadsbesparende. Kollektive tjenester er imidlertid ulovlig, uforsvarlig og uetisk. Ikke desto mindre er det svært vanlig. Kollektive tjenester og for lite tjenester var en gjenganger i det nasjonale tilsynet med tjenestene til mennesker med utviklingshemming. Dessverre er det få som har kapasitet til å ta kampen opp mot kommunen, slik som foreldrene til Tian har gjort.

Tian krever i utgangspunktet en-til-en oppfølging. Det blir omtrent 4,5 årsverk. Men Tian har tvangsvedtak. Når det blir behov for å anvendet tvang, så må det være to tilstede. Ingen vet når det blir behov for tvangstiltak, så Tian krever to personer hele tiden, dvs. omtrent 8,5 årsverk.

Plasseres Tian i et bofellesskap, så kan det hele bli langt billigere. I det minste kan en tro at det blir billigere, –en tanke som slett ikke er uvanlig i kommunenorge. En snakker om stordriftsfordeler, dvs. at beboerne får kollektive tjenester. Et annet ord på slike stordriftsfordeler er ulovlige tjenester. Stordriftsfordelene har også sin pris. Tian vil bli bundet til bofellesskapet og bli fratatt sin rett til å bevege seg fritt. Han vil bli fratatt sin rett til å velge hvor og med hvem han skal bo. Han vil bli fratatt sin rett til å leve et aktivt å meningsfullt liv.

Kvæfjord kommune har utvilsomt rett i at det kan være dyrt å gi individuelt tilpassede tjenester. Et slikt syn er ikke et argument mot brukerstyrt personlig assistanse, men et solid argument mot velferdssamfunnet og grunnleggende menneskerettigheter.

Jens Petter Gitlesen

29 desember 2018

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