A Danish municipality violated the law when it removed home care assistance from a severely disabled man, leaving his family to provide all care for nearly two years. The national appeals board has now ruled the decision illegal and ordered immediate restoration of services.
Municipal Decision Declared Unlawful
The Danish Social Appeals Board has ruled that Slagelse Municipality acted illegally when it withdrew home care services from Michael Larsen in March 2024. The decision left the severely disabled man without professional assistance for nearly two years.
Family Forced to Provide All Care
Michael Larsen suffered multiple blood clots that left him paralyzed on one side and unable to speak. He requires extensive daily care including personal hygiene, medication management, and constant supervision. After the municipality withdrew services, his wife Annelise Bomholt Larsen and son Jimmi Larsen became his sole caregivers.
Jimmi Larsen works full time while also serving as his father’s legal guardian. He handles all correspondence with public authorities in addition to providing physical care. His mother shares the caregiving burden, leaving neither with time for social relationships or personal activities.
Long Wait for Official Response
The family did not receive a formal written decision from Slagelse Municipality until December 2024, approximately nine months after services ended. The delay occurred because the family needed to file a complaint through their lawyer before the municipality would issue an official ruling. Only with a written decision could they appeal to the Social Appeals Board.
The appeal remained under review for roughly one year. Meanwhile, the family continued providing all care without municipal support or access to Danish healthcare assistance typically available to severely disabled citizens.
Workplace Environment Cannot Override Care Requirements
Slagelse Municipality justified its decision by citing workplace safety concerns. Multiple home care workers reportedly experienced a challenging and threatening work environment in the Larsen household.
Municipality Cited Staff Safety
According to municipal officials, several home care providers felt unsafe working in the family’s home. The municipality argued it had obligations under workplace safety legislation to protect employees from hostile conditions. Therese Gjerde Corfix, head of Health and Elderly Services in Slagelse Municipality, previously stated that the municipality must balance providing care with maintaining safe working conditions for staff.
The family acknowledges that interactions with some caregivers were not always smooth. However, they say they could not recognize the specific allegations made against them. No formal workplace safety violations or official prohibitions were ever issued regarding the home environment.
Appeals Board Rejects Safety Justification
The Social Appeals Board determined that workplace environment concerns do not constitute valid grounds for withdrawing legally mandated care. The ruling states clearly that municipalities cannot use workplace safety legislation as justification for denying services to citizens with documented care needs. The board found that Michael Larsen’s care requirements remained unchanged and that he has an obvious need for assistance.
Under Danish social services law, municipalities must provide help and support to citizens with permanently reduced physical or mental functioning. The board concluded Slagelse Municipality violated this requirement and ordered immediate restoration of previously approved personal assistance.
Family Seeks Solution After Years Without Help
Jimmi Larsen received the appeals board decision with relief and cautious optimism. He expressed hope that he might finally reclaim aspects of his personal life that disappeared when caregiving became his primary responsibility.
Hope for Restored Services
The family is giving Slagelse Municipality 14 days to respond to the ruling and restore services. They hope the municipality will approve the care solution they most recently applied for, which involves hiring a small team of consistent caregivers employed directly by the family. This arrangement would provide Michael Larsen with familiar faces while potentially addressing previous workplace concerns.
Jimmi Larsen says he would be very surprised if the municipality pursued alternative options mentioned in the ruling. The appeals board noted that if care cannot be delivered in other ways, the municipality should investigate the possibility of moving Michael Larsen to a care facility without his consent.
Previous Care Home Rejected
When Slagelse Municipality initially withdrew services, it offered the family a placement in a care facility. The family declined because Michael Larsen had previously stayed at the proposed facility and did not thrive there. They believe he functions best in his own home with a stable group of caregivers who know his specific needs and routines.
The appeals board ruling opens the door for involuntary placement if other care options prove impossible. However, the family remains confident that a mutually acceptable solution will emerge. Jimmi Larsen emphasizes his belief that the municipality will work cooperatively rather than pursue forced relocation.
Slagelse Municipality had not contacted the family immediately following the ruling. Municipal officials were unavailable for comment due to winter holiday schedules, though the press office indicated a written response would be provided.
Sources and References
The Danish Dream: Danish Healthcare Explained for Tourists & Expats
The Danish Dream: Best Lawyer in Denmark for Foreigners
TV2: Kommune brød loven, da de fjernede hjælp til handicappet mand
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