Published July 3, 2020 at 7:01 pm
HD has now tried a case where the School Inspectorate asked Lidköping Municipality to pay damages to a student after a teacher took “a grip on the student’s neck and arm to lift him out of a sofa”. But it will not.
In its judgment, the Supreme Court states that the starting point must be that order disorders in the school should be resolved primarily in ways other than through physical interventions.
“However, it is inevitable that situations may arise when it is necessary to physically intervene against a student,” the court wrote in a press release.
The intervention should then be as mild and as short as possible. More far-reaching interventions may only be used during serious disturbances of the order.
In the event of minor disruptions, physical intervention may only occur in exceptional cases, the court considers:
“In assessing whether an intervention has remained within the scope of the supervisory duty, consideration must be given to what the teacher has deemed necessary in the current situation. “As it was carried out, however, it was very short-lived and adapted to the situation. It immediately achieved its purpose of putting an end to the disorder in a situation when the student did not heed the prompts he got out of the couch.”
HD therefore considers that it was not a violation within the meaning of the School Act and the municipality does not become liable.
In social media, the verdict is considered a victory for Sweden’s teaching staff.