1. Introduction
Young carers form a concept and a distinct group of children which has not gained much attention in Swedish legal research. However, there is a growing research base in Sweden targeting young carers as a group of children with specific challenges and needs, such as problems with their own health and need of support to manage a situation as caregiver to a relative (see for example Järkestig-Berggren m.fl., Young carers in Sweden – A pilot study of care activities, view of caring, and psychological well-being, Child & Family Social Work 2019:24, s. 292 ff. and the reports published by The Swedish Family Care Competence Centre, in swedish: Nationellt kompetenscentrum anhöriga, NKA). In other Nordic countries, the issue has also gained more attention (see for examples; Norway, Finland, Denmark, and Iceland).
Young carers have been defined as:
”… young people under the age of 18 who provide care, assistance or support to another family member. They carry out, often on a regular basis, significant or substantial caring tasks and assume a level of responsibility that would usually be associated with an adult. The person receiving care is often a parent but can be a sibling, grandparent or any other relative who is disabled, has some chronic illness, mental health problem or other condition connected with a need for care, support or supervision.” (Leu, A., Becker, S., A cross national and comparative classification of in-country awareness and policy responses to ‘young carers’, Journal of Youth Studies 2017:20, p. 750 ff.)
This definition can be compared to a child that only is a next of kin to a relative that are in need for support and help from the social services, health care etc., without the responsibility to take care of the relative.
In this blog post, the ambition is to discuss how the Swedish welfare regulation, especially the Social Service Act (2025:400), can be applied in relation to the group young carers. I will also discuss the legal findings in a broader sociological context, especially in light of research that try to categorize different countries ”awareness” level (including legislation) regarding this group of children.
2. Theoretical context
Becker et. al. has argued that different countries can be placed on a scale of acknowledging young carers in legislation, policies, research etc. In 2017, Leu and Becker made a case to classify countries against a theoretical framework acknowledging in-country awareness and policy responses to young carers (Leu, Becker, A cross-national and comparative classification of in-country awareness and policy responses to ‘young carers’, Journal of Youth Studies, 2017, vol. 20:6, p. 750 ff.). The classification consists of the levels incorporated/sustainable (level 1), advanced (level 2), intermediate (level 3), preliminary (level 4), emerging (level 5), awakening (level 6) and no response (level 7).
The level 1 criterions represent an extensive awareness, sustained and sustainable policies and clear legal rights. Level 2 criterions comprise a widespread awareness, extensive and reliable research base, specific legal rights and extensive codes and guidance.
Level 3, the intermediate level, represents some awareness and recognition of young carers among public, policy makers and professionals, medium-sized research base (and growing), partials rights in some regions, small but developing body of professional guidance and some dedicated services and interventions, mostly local but a few nationwide. Sweden and Norway is in Leu and Beckers article placed at the intermediate level. According to Leu and Becker both Sweden and Norway are working towards recognizing young carers in a more thorough way. They recognize the Health and Services regulation in both countries (see more about this regulation in the following section) as important parts of why they now reached the intermediate level.
At the preliminary level, level 4, there is little public or specialist awareness, a limited research base and no specific legal rights. At level 5 – emerging – there is a growing public or specialist awareness and a small but growing research base. In the article, Leu and Becker finds that Finland are at level 6, the level of awakening. This level represents an embryonic awareness of young carers as a distinct group.
Further research followed, with a new article published in 2023, based on data collected until 2021. Sweden and Norway are still categorized at the intermediate level, while Finland has been “moved up” to the level of emerging (see Leu et.al., The 2021 cross-national and comparative classification of in-country awareness and policy responses to ‘young carers’, Journal of Youth Studies 2023, vol. 26, p. 619 ff.). Denmark and Iceland are not categorized at all in the articles.
Another couple of years has gone by since the last time the categorization above was tested against the Nordic countries (as I can find). The question is if this classification now once again should be revised? In the last section I will try to evaluate especially Sweden’s position in this categorization today. Is Sweden on part from the intermediate to the advanced level?
3. Where have we come from, and where are we now?
The new Swedish Social Services Act entered into force on July 1st 2025. One purpose with the new act was a structural revision. Other purposes were to put a stronger emphasis on early interventions and preventive work, with all activities grounded in science and learned experience and social services to become more present in general. In the new act, as in the previous one, children are highlighted as a group in need of special attention from the social services. The group “children” though are not a homogeneous group.
Regarding specifically young carers, it has been discussed on what legal grounds these children can be subject for help from the social services. The new act covers support to relatives who care for a next of kin but does not include support directed at the children concerned (Ch. 13 para. 9), even though the issue was discussed in the preparatory works (SOU 2020:47 and prop. 2024/25:89).
The lack of (explicit) regulation in the Social Services Act (and other legislation) regarding this group of children is something that has been discussed mainly in non-legal research (see for example Nordenfors & Melander, Young carers in Sweden – A short overview, NKA 2017). During the government inquiry – SOU 2020:47 – some consultation bodies emphasised that the regulation in the new act also should comprise the same responsibility against children as to adult close relatives. The government, though, did not listen to these comments (see for the discussion in prop. 2024/25:89).
However, young carers have the same right to help and support as any other child in need for help and support. Ch. 18 para. 1 (see also the following articles in Ch. 18) states that the social services have a particular responsibility to help and care for children. This responsibility includes e.g. working to ensure that children and young person’s grow up under safe and good conditions, including not have to be in hostile and damaging environments. Young carers could, in this context, in my opinion be seen as an specific group of children that the social services should recognise. Young carers have though been described as a “hidden” group within the broader group children.
This conclusion above about the Social Services Act can be compared with the regulation in the Swedish Health and Services Act (Act 2017:30), where children since 2010 are mentioned as a specifically targeted group in need for support when close relatives encounter health problems (Ch. 5 para. 7). A corresponding regulation can be found in Norway (see Lov om helsepersonell m.v. 10 a och b §§).
In light of the above and the general discussion about children as next of kins’ to parents and other relatives with different kinds of difficulties, a special inquiry officer was assigned in 2022 to do an inquiry examination of the regulation concerning close relatives as caretakers. The government inquiry report was delivered to the government in august 2024 (SOU 2024:60). The government inquiry concluded that the support and help for children as next of kin was insufficient. It proposed a new article in the Social Services Act. A government bill followed (prop. 2025/26:60), and the parliament then decided in line with the bill. According to the new provision, Ch. 18 para. 13, the social services are responsible for enabling necessary intervention for children in need of support due to a next of kin’s severe illness, disability or other severe hardships or who unexpectedly diseases.
Could the new section be interpreted to include support and help also to a young carer specifically targeting the context of caring? Young carers are not explicitly recognised in the wording of the provision. The preparatory works allow however for a different interpretation as a couple of passages in the government bill recognised the context of a young carer, although the term young carer is not used explicitly (see prop. 2025/26:60). From a legal stance, consulting also the preparatory works, the social services, when taking their responsibility in line with Ch. 18 para. 13, should pay attention also to children in a caring position, and provide relevant and sufficient support and help to these children because of their position as young carers.
4. Conclusions
The ambition has been to examine and evaluate if, and if so how, the changes in the welfare regulation in Sweden in the last couple of years also changed the legal position for young carers. As shown, there have been a couple of legislative changes targeting the welfare regulation that also are significant for young carers. The legislation is still not directly targeting young carers per se, and the term “young carer” is still absent in the legislation. Instead, it is children as next of kin to relatives that are highlighted in the legal regulation. These groups are overlapping: a young carer is in general also a next of kin and therefore has a right to the same support and help as children who are only a next of kin (without caring tasks). At the same time, a young carer could need different kinds of support and help, such as emotional support because of the caring itself and practical help to have the opportunity and time to focus on things that a child should have time for. It can therefore be of importance that public authorities etc. recognize a child as a young carer specifically.
As the new legislation has had some time to get embedded, new levels of awareness from public authorities etc. have been reached. It is still too early to say what the practical implications of the new legislation will be for young carers, but with the new legislation in place, social services should acknowledge children as next of kin in need of specific support and help. This is also a step to fully recognize young carers in the welfare regulation, but there is in my opinion still work to do to reach the advanced level in Leu and Becker’s categorization.
Per-Ola Wiklander, PhD, is a Senior lecturer in Public Law, Karlstad Business School, Karlstad University
