The child, the law and the unclear best interest : A thematic analysis of the administrative court decisions on granting and denying care under sections 1 and 2 as well as with sections 1 and 3 LVU

This study examines how the administrative court reasons about the principle of ‘best interests of the child’ in judgements rejected or approved under §§ 1 and 2 and §§ 1 and 3 of the Swedish Care of Young Persons Act (LVU). A qualitative thematic analysis of 28 judgements - 14 rejections and 14 approvals, investigates reasoning in both environmental (§§ 1 and 2 LVU) and behavioral (§§ 1 and 3 LVU) cases. The analysis is guided by a theoretical framework combining the child perspective and child rights perspective, grounded in the UN Convention on the Rights of the Child. Three central themes emerged regarding the ‘best interests of the child’: voluntariness versus coercion, the child’s need for protection, and participation. The findings show that in rejection cases, the principle is used to protect children from coercion, while in approval cases, used to justify compulsory care. Furthermore, children’s participation is limited and often interpreted through adult actors. The study highlights tensions in legal reasoning about the best interests principle and argues that its openness, while enabling individual assessments, risks compromising legal certainty. It concludes that clearer guidance is needed to ensure consistent and rights-based application of the principle in child protection cases.