Review of the Swedish Schools Inspectorate’s use of the possibility to apply for the imposition of a fine when a school organiser fails to comply with an injunction

Summary of the decision: In December 2024, a number of radio programmes alleged that the Swedish Schools Inspectorate rarely applies for the imposition of a fine when a school organiser fails to rectify deficiencies after the inspectorate issues an injunction under penalty of a fine. In light if this information and statistics from the Swedish Schools Inspectorate’s website, the Chief Parliamentary Ombudsman decided to investigate the matter. Documents related to a number of cases were obtained and reviewed.

While the Chief Parliamentary Ombudsman finds no reason to criticise the Swedish Schools Inspectorate for its use of the possibility of applying for the imposition of a fine in the cases reviewed, he emphasises the importance of using the full range of sanctions that the Education Act (SFS 2010:800) places at the inspectorate’s disposal. One important sanction is the possibility of issuing an injunction under penalty of a fine and consistently applying for the imposition of a fine in situations where the school organiser fails to comply with the injunction, presuming that the inspectorate assesses that the preconditions otherwise exist for submitting an application. The Chief Parliamentary Ombudsman sees certain risks should the Swedish Schools Inspectorate not apply for the imposition of a fine in cases when an injunction is not complied with. One such risk is that the incentive for school organisers to comply with injunctions will be reduced if they have the impression that the Swedish Schools Inspectorate is unlikely to make good on its threat to apply for the imposition of a fine. In the long term, this may damage confidence in the Swedish Schools Inspectorate’s supervisory work.