BS-1076/2011-ARH
ECLI:DK:ARH:2023:BS0000003675
AI generated
Court dismisses continued home exclusion claim as it lacks sufficient grounds for continued measure.
Legislator summary
AI generatedThe court dismissed the applicant's request to continue being excluded from their home and to limit visitation rights. The applicant argued that the exclusion was disproportionate and violated their right to family life, while the opposing party maintained the measure was necessary for public safety. The court ruled that the original justification for the exclusion had expired and no new evidence warranted its continuation.
Legislator headnote
AI generatedSocial Service Act § 103; Social Service Act § 104: The court may terminate a continued home exclusion measure when the original grounds for the measure no longer exist or have been sufficiently mitigated.
Keywords
AI generated
continued home exclusion
social service act
family life rights
proportionality principle
termination of measure
Cited Legislation
AI generatedSocial Service Act § 103
Social Service Act § 104
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Full text
Sag om fortsat anbringelse udenfor hjemmet, samt om omfanget af samvær