Legislator Case Law & Legislation
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.

Case Number BS-1076/2011-ARH
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Social 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 generated
Social Service Act § 103
Social Service Act § 104
AI generated

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Full text

Sag om fortsat anbringelse udenfor hjemmet, samt om omfanget af samvær