Fylkesmann Sigbjørn Johnsen

Mer røre fra Hedmark

I går avgjorde Sør-Østerdal Tingrett at den ikke vil overprøve Fylkesnemndas avgjørelse om at mor til kvinnen med lett utviklingshemning fra Elverum som er underlagt tvangsregime, er kvinnens nærmeste pårørende.

En bakgrunn av forviklinger

Det er fattet tvangsvedtak overfor den unge kvinnen fra Elverum som mot sin vilje er kontinuerlig overvåket for å unngå at hun har kontakt med familie, slekt og venner. I følge voksenhabiliteringen i Hedmark, er tvangvedtakene, kommunikasjonskontrollen og fotfølgingen en del av "behandlingen".

Kvinnen med lett utviklingshemning er fratatt sin samtykkekompetanse, så henne er det ingen av myndighetene som hører på. Politiet forsøkte nylig å få NFUs fylkesleder straffet fordi hun lot kvinnen få lov til å bo hos seg.

Vergemålsavdelingen har utpekt verge for den unge kvinnen. En verge som kvinnen ikke ønsker seg og som heller ikke fremmer kvinnens synspunkter.

Verge har fått oppnevnt bistandsadvokat til kvinnen, men fordi kvinnen er fratatt sin samtykkekompetanse, fremmer ikke bistandsadvokaten kvinnens uttalte interesser. Bistandsadvokaten taler fylkesmannens og verges sak.

Tvangsvedtaket som ble stadfestet av Fylkesmannen i Hedmark i oktober 2015, ble påklaget av kvinnens mor. Fylkesmannen i Hedmark nektet imidlertid for at mor var kvinnens nærmeste pårørende og nektet derfor å behandle klagen.

Mor klaget det at Fylkesmannen i Hedmark ikke betraktet henne som kvinnens nærmeste pårørende inn for Fylkesnemnda for barneverns- og sosialsaker som opphevet Fylkesmannens vedtak. Fylkesmannen var uenig og ba Fylkesnemnda omgjøre sitt vedtak, noe Fylkesnemnda ikke så noen grunn til. Bistandsadvokaten til verge ønsket derfor at Fylkesnemndas avgjørelse skulle overprøves av Sør-Østerdal Tingrett.

Partenes standpunkter

Tingretten valgte raskeste vei ut av saken og hevdet at bistandsadvokaten til verge, Siv Elisabeth Hveberg, ikke hadde hjemmel til å bringe saken inn for domstolen. Bistandsadvokaten hadde rotet med jussen og betraktet det hele som en barnevernssak. Før bistandsadvokaten hadde ryddet opp i egen mangelfulle innsikt, og brakt saken inn for domsstolen, var det gått, om ikke vinter å vår, så vår og sommer.

Fylkesmannens advokat, Anders Hoel, syntes å være usikker på regelverket på feltet og mente at saken burde avvises, eventuelt at Fylkesnemndas vedtak ble opphevet.

Advokaten til Elverum kommune, Jørgen Heier, trodde at saken var en barnevernsak.

Kvinnens mor var representert gjennom advokat Jostein Løken som hevdet at saken måtte avvises, eventuelt at Fylkesnemdas vedtak måtte opprettholdes.

Langt til mål

Tvangsvedtaket ble fattet av Elverum kommune den 15. oktober 2015. Vedtaket er iverksatt, til tross for at helse- omsorgstjenestelovens § 9-7 sier at "Dersom vedtaket er påklaget etter § 9-11 andre ledd, kan vedtaket ikke iverksettes før fylkesnemnda for barnevern og sosiale saker har godkjent vedtaket."

Neste runde blir trolig at Fylkesnemnda for barnevern- og sosialsaker i Oppland og Hedmark behandler mors klage på vedtaket. Utenom kvinnen som er fratatt sin samtykkekompetanse, er det kun mor som vil påklage vedtaket. Kvinnen som det gjelder har imidlertid ikke klagerett fordi hun er fratatt si samtykekompetanse. Verge fremmer ikke kvinnens uttalte interesser, det gjør heller ikke bistandsadvokaten. Etter dommen i Sør-Østerdal Tingrett, kan mor benytte sin klagerett.

Farsen(e) i Hedmark vil nok fortsette. Tragediene i saken er mange. Vi ser med glede frem til den dagen rettsikkerheten til mennesker med utviklingshemning også sikres i Hedmark og Fylkesmann Sigbjørn Johnsen forstår at også Fylkesmannen bør følge lovverket de er satt til å forvalte.

Jens Petter Gitlesen

14 september 2016

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