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Kränkande behandling: what the school is legally required to do

What kränkande behandling actually means in law

The term translates roughly as “degrading treatment,” but the legal definition is specific. Skollagen chapter 6 defines it as “ett uppträdande som utan att vara diskriminering enligt diskrimineringslagen (2008:567) kränker ett barns eller en elevs värdighet” (conduct that, without being discrimination under the Discrimination Act, violates a child’s or student’s dignity).

Two things follow from that wording. First, it is broad: a single incident by a classmate, a pattern of exclusion, or a comment from a teacher can all qualify. No requirement for repetition, no threshold of severity beyond the violation of dignity. Second, it sits alongside the Discrimination Act, not inside it. When the conduct is linked to a protected ground (disability, ethnicity, sex, etc.), there is a parallel path under diskrimineringslagen handled by the Equality Ombudsman (DO). The two are separate tracks, and a family can sometimes use both.

For children with ADHD, autism, or dyslexia, the distinction matters. A classmate mocking a child’s reading difficulties may give rise to kränkande behandling under Skollagen. If the mocking is specifically because of the diagnosis, it may also constitute harassment (trakasserier) under diskrimineringslagen. A school that fails to put in place reasonable accessibility measures for an NPF student is handled under a third provision in diskrimineringslagen called bristande tillgänglighet, which is covered in a separate post on this site.

What the law requires the school to do

The duties in Skollagen chapter 6 are concrete and carry legal consequences.

The ban: The school itself may not subject any child to kränkande behandling. Section 9 states: “Huvudmannen eller personalen får inte utsätta ett barn eller en elev för kränkande behandling.” Staff are included explicitly.

Prevention: Section 7 requires the school authority to carry out measures to prevent and stop children being subjected to kränkande behandling. This is an active, ongoing obligation, not a reactive one.

The annual plan: Section 8 requires every school to produce a plan each year that maps what measures are needed to prevent and stop kränkande behandling, which measures will be started in the coming year, and how last year’s planned measures were carried out. If a school does not have this plan, that itself is a breach of law.

The reporting and investigation chain: When a teacher, pre-school teacher, or any other staff member learns that a child believes they have been subjected to kränkande behandling at school, that person is required to report it to the rector. The rector in turn is required to report it to the school authority. The school authority is then required to investigate promptly (skyndsamt) and, where applicable, take whatever measures are reasonably required to prevent the treatment from continuing in the future.

That chain matters. “Skyndsamt” is not defined by a fixed number of days, but it has been interpreted strictly. An authority that waits weeks to investigate, or that investigates superficially and then does nothing, is in breach of section 10.

If the school does not act

Section 12 sets out the consequence: if the school authority or its staff fails to meet the obligations in sections 7, 8, 9, 10, or 11, the authority must pay damages to the child, both for the violation itself and for any other harm caused by the failure.

Section 14 reverses the burden of proof. If a child shows circumstances that give reason to assume that they were subjected to kränkande behandling, it is the school authority that must demonstrate that this did not happen. The child does not have to prove it; the school must disprove it.

BEO: Barn- och elevombudet

Barn- och elevombudet (BEO) is part of Skolinspektionen, and it has a specific mandate here. BEO monitors children’s and students’ rights, investigates reports of kränkande behandling, and can pursue damages claims in court on behalf of a child who consents. It also has an information function: part of its role is making sure schools and families understand what the law’s zero-tolerance requirement actually means.

If a school has been told about a situation and has failed to investigate or act adequately, reporting to BEO is the next step. BEO’s contact for submitting information about kränkande behandling is at beo.skolinspektionen.se.

Why this is particularly relevant for NPF students

Children with neurodevelopmental differences often navigate social situations differently from their peers. The behaviors associated with ADHD, autism, or dyslexia can make a child more visible in ways that attract unkind attention. At the same time, the school’s failure to put in place proper support can itself become a context where kränkande behandling occurs: a child who struggles to follow written instructions, cannot read the board, or reacts intensely to sensory overload may be in situations every day where their dignity is at risk.

The law does not draw a distinction based on whether the treatment is “just” a misunderstanding or whether the other child “meant it.” It focuses on the impact on the child’s dignity. That framing is worth keeping in mind when a school suggests that what happened was not serious enough to act on.

What parents can do

  1. Put everything in writing. When you contact the school, do it by email. If you call, follow up with a written summary. This creates a record.

  2. Report to the rector, explicitly. Do not rely on a general conversation with a teacher. The reporting chain in section 10 starts with the rector receiving a formal report.

  3. Ask what the investigation found. The school authority is required to investigate and tell you what it found. A vague response of “we looked into it” is not sufficient.

  4. Ask for the school’s plan. Every school must have an annual plan against kränkande behandling under section 8. It should be public, and it should be specific about what the school is actually doing.

  5. Contact BEO if the school does not act. You can submit information directly to BEO at beo.skolinspektionen.se. BEO can investigate and, if warranted, pursue the case further. This is free for families.

Where Nuro fits

A school’s duty under chapter 6 includes maintaining an environment where every child can participate safely. For an NPF student, the gap between the environment the law requires and the one that actually exists is often where problems begin. Nuro keeps a running picture of how a student is working, what support is in place, and where the friction is. That is useful not just for academic progress but for any conversation with the school about whether the legal standard is being met. Clear records of what a child has been able to do, what has been tried, and where things have broken down are what a sound chapter 6 investigation needs to work with.

Sources

About Nuro

Support that meets Skollagen, for every neurodivergent student

Nuro helps Swedish schools give students with ADHD, autism, and dyslexia the adapted support the law already requires, and spot the ones at risk before they fall behind.