LSS – A municipal remit under central government direction and control

The LSS is a rights-based law. Support offered under the LSS is essential to many people with disabilities and their families and carers. Municipalities are responsible for the majority of support measures provided under the LSS, and for ensuring that their application of the Act meets regulatory requirements. However, several government agencies have noted that there are widespread problems concerning municipalities’ handling of LSS cases. There are also differences in how municipalities interpret and apply the law. As a result, individuals’ access to support under the LSS is partly determined by where they live. Unequal access to support runs counter to the legislator’s intentions and the Riksdag’s disability policy objectives.

The National Board of Health and Welfare is responsible for developing and disseminating regulations, guidelines and support related to the LSS. IVO is responsible for overseeing all activities under the LSS. However, the audit shows that problems in municipalities’ handling of LSS cases cannot be resolved solely through the work of the National Board of Health and Welfare or IVO. The LSS and its legislative history are broadly worded, in part to allow support provided under the Act to be adapted to individuals’ differing needs. However, the broad wording of the LSS also means that municipalities interpret and apply the Act differently. This problem is exacerbated by the fact that guiding case law in the field is limited, and that case law of the Administrative Court of Appeal is sometimes inconsistent. As a consequence of this, different municipalities may make different assessments in similar cases, without either of them being formally in the wrong. There are also indications that municipalities sometimes draw far-reaching conclusions from rulings of the Supreme Administrative Court and the Administrative Courts of Appeal.

Access to certain LSS measures has declined in recent years, despite needs remaining high. Changes in access to support vary between different groups and age categories. The target population for the LSS has also changed over time, and societal developments have further affected how the Act is implemented. In addition, the new Social Services Act (2025:400) entails significant changes to social services overall, which also impact the LSS area.

The Swedish National Audit Office concludes that amendments to and clarifications of the LSS should be made to achieve a more uniform application of the Act across municipalities. Amending the LSS would also provide an opportunity to highlight and reassess individuals’ access to support, given that the Riksdag, the Government and other actors have found that persons with disabilities do not always receive the assistance they need.

The National Board of Health and Welfare has regulations, general guidelines and knowledge resources relevant for the exercise of public authority under the LSS. However, the audit shows that the National Board of Health and Welfare could do more to meet municipalities’ needs in this area. For example, the National Board of Health and Welfare has identified a need for regulation and support related to the LSS that the agency has not met, or where the work has been delayed. This includes a planned revision of two regulations and general guidelines on LSS housing and a planned handbook for the handling of LSS cases for adults. The audit also shows that the National Board of Health and Welfare could provide more support to municipalities in interpreting applicable law under the LSS.

IVO is responsible for the oversight of all activities under the LSS. In recent years, IVO’s oversight of municipalities’ handling of LSS cases has decreased, with other oversight areas taking priority in the agency’s risk analysis. The audit indicates that more central government oversight of municipalities’ handling of LSS cases would help ensure that problems in this field are identified and remedied, while also raising awareness of the requirements of the LSS and the Administrative Procedure Act (2017:900). In the long term, this could lead to improved legal quality and legal certainty in the exercise of public authority pertaining to the LSS.