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REJECTED: Magnus Holøyen and his only brother do not receive compensation from Tolga Municipality for being registered as mentally retarded without having the diagnosis. Photo: Krister Sørbø / VG
Two brothers in the Tolga case were registered with diagnoses from the municipality that they do not have. A claim for compensation of three million crowns has now been rejected.
– I observe that the municipality of Tolga rejects any legal responsibility towards the brothers. The answer is unsatisfactory, lawyer Nicolai V. Skjerdal tells VG.
He is a lawyer for the two brothers in the Tolga case who were registered as mentally retarded by the municipality without having the diagnosis and then placed under guardianship against their will.
They demanded NOK 1.5 million each in compensation, but the claim has now been rejected by the municipality.
Municipality: Other opinions on the matter
– We do not recognize a legal responsibility, says the lawyer of the municipality, Kristian Foss Aalmo to NRK, who was the first to mention the case.
He justifies it by the fact that they have a different view of the matter, but does not say what it implies.
– It contains confidential information, which we are working to clarify if we can publish, says Aalmo.
Skjerdal will not comment further on the matter with VG until he has received a response from the ministry. The claim for compensation by the State has also been advanced.
It will then be evaluated whether the case ends up in court.
– SMALL SATISFACTOR: Attorney Nicolai V. Skjerdal is not satisfied with the response from the municipality. Now they await a response from the ministry. Photo: Mattis Sandblad
– Hanging incorrectly
The municipality of Tolga received the compensation claim on July 8 of this year. Skjerdal told VG at the time that the three million requirement reflected the seriousness of the case.
– It is about repairing the injustice committed against them. The authorities have unjustly hanged them as mentally retarded, have been deprived of the right to control their lives by being placed under guardianship against their will, and the intervention has persisted for a long time. The municipality has unjustifiably received several million kronor from the state as a result of the misregistration of the siblings as mentally retarded.
Put under guardianship
VG wrote in October 2018 that three Tolga siblings in Hedmark unaware that they had been registered as mentally retarded since 2012 and 2013.
The brothers were placed under guardianship against their will by the Hedmark County Governor.
Upon investigation, one of the brothers was diagnosed with moderate mental retardation in 2014. In February 2018, it was established in an investigation that the other two brothers do not have mental retardation.
