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Positivt fra Mæland og Høie, tragisk fra Wara

Det er positivt når regjeringen varsler gransking i kjølvannet av Tolgasaken. Det er uforståelig at Statens sivilrettsforvaltning skal ha ansvaret for å granske vergemålsbiten. Få har vist mindre respekt for folks selvbestemmelsesrett enn nettopp Statens sivilrettsforvaltning.

– Vi skal komme til bunns i hva som har skjedd, slik at vi kan unngå at noe slikt skjer igjen, sier kommunalminister Monica Mæland til VG.

Kommunalministeren har bedt fylkesmannen i Hordaland gjennomgå Tolga kommunes rapportering av antall personer med utviklingshemming og har bedt fylkesmannen i Hordaland foreta stikkprøvekontroll av andre kommuner. Det er all grunn til å tro at fylkesmannen i Hordaland vil avdekke kommuner som har beriket seg på å overdrive antallet personer med utviklingshemming i kommunen.

Helseminister Bent Høie har bedt Helsedirektoratet undersøke diagnostiseringspraksisen som de tre Tolga-brødrene ble utsatt for. Helsedirektoratet skal også granske diagnostiseringspraksisen i andre kommuner og andre deler av landet. Basert på funnene fra granskningen, vil helseministeren vurdere behovet for nye statlige rettningslinjer for diagnostikk. Helsdirektoratets oppgaver ligger i kjærnen av direktoratets kompetanse. Granskningen vil utvilsomt både kunne avdekke eventuell uforsvarlig praksis og gi et godt grunnlag for å etablere nye rettningslinjer.

Justisminister Tor Mikkel Wara kan umulig vite hva han gjør når han ber Statens sivilrettsforvaltning gjennomgå regelverk, praksis og prosedyrer på vergemålsfeltet. Statens sivilrettsforvaltning opphevet vergemålet for to av Tolga-brødrene, men det er de eneste to tilfellene jeg kjenner til hvor Statens sivilrettsforvaltning har opptrådd i samsvar med lovens intensjon. NFU har vært involvert i flere saker, både i Hedmark og i andre fylker hvor personer med full rettslig handleevne er fratatt sin selvbestemmelse, underlagt tvunget vergemål og gitt en verge som de ikke ønsket. Statens sivilrettsforvaltning har velsignet samtlige. Mange av sakene har vært ekstremt inngripende, både på det økonomiske og personlige området.

Det er mer forsvarlig å la Hedmarksulven gjete sauer enn å la Statens sivilrettforvaltning granske vergemålsordningen.

Jens Petter Gitlesen

15 oktober 2018

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