the social service´s legal roles in the swedish rental act in relation to forced move-outs from...
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EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Forced-Move-Outs
from housing and the
Social Service´s legal roles
Pia Kjellbom Institution of Social Work
Stockholm University
Sweden
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EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Forced-Move-Outs
Informally
forced-move-out
Formally
forced-move-out Eviction
Termination of a
lease
Authority decision Enforcement authority/
Rent tribunal
Execution
Pia Kjellbom 2013 2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
The Social Service´s roles in
the Swedish rental act
YES NO
YES
The Assurer
NO
The observer
The ignorant
…right to information about a termination of
a lease
…legal opportunity
to stop a
termination of
a lease.
Pia Kjellbom 2013
The social services
has a…
2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
What housingrights
do the different roles protect?
The Assurer
• A right to a home
The observer
• Housing
• Roof-over-head
The ignorant
• Nothing
Pia Kjellbom 2013 2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Applications to the Enforcement authority/Rent Tribunal
during three month, 2009 in Stockholm county
The
Enforcement
Authority
The Rent
Tribunal
Total
Applications 1695 357 2052
Formally forced-
move-outs
374 168 542 (26 %)
Evictions 69 26 95 (5 %)
Pia Kjellbom 2013 2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
The social service´s roles in relation to
formally-forced-move-outs
Pia Kjellbom 2013 2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Why haven´t the Social Services used the
role of the Assurer?
Material: Court decisions concerning right to assistance. All applications to the enforcement authority during
mars – may, 2009, in Stockholm county. Out of 39, nine districts where chosen for an in depth study of document́ s
within the Social Service´s. Nine interviews with social workers and managers where conducted concerning 18 cases.
Results (in brief):
The Social Services lack knowledge about the Assurer role.
The interpretation of the provisions on assistance in the Social Services Act
Lack of respect for the law
Pia Kjellbom 2013 2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Pia Kjellbom 2013
Discretionary area
Normbelt
Anyone who cannot by themselves or otherwise meet their needs have a
right to assistance for their livelihood (income support) and for the way of life in
general (The Social service´s Act, chapter 4, section 1).
2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Norms within the normbelt
Legal prerequisite Norm Interpretation
Anyone who An individual norm A child perspective is
used for instance
Cannot A norm of actuality The client´s situation
here and now are
assessed
Need A housingnorm The clients housing
situation are assessed
Pia Kjellbom 2013 2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Norms that blasts the normbelt
Legal prerequisite Norm Interpretation
Anyone who A collective norm If one person in a family is not
behaving in accordance with
official requirements the
whole family is affected
Cannot A retrospective norm The individuals behaviour
prior to the risk of a forced-
move-out is assessed
Need A behaviour norm The need assessment is
made dependent on the
clients behaviour
Pia Kjellbom 2013 2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Discretionary area
Normbelt
The collective norm The retrospective norm
Blasting norms
Pia Kjellbom 2013
The behaviour norm
How about:
- Law
- Democracy
- Fundamental human rights?
2013-10-04
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Questions?
2013-10-04 Pia Kjellbom 2013
EUROPEAN RESEARCH CONFERENCE
Housing First. What’s Second?
Berlin, 20th September 2013
Thank You for listening
Contact:
2013-10-04 Pia Kjellbom 2013