28 | Annual Report 2018
Main conclusions regarding the Ry case
‘Significant errors have been committed in the
case in relation to the rules in, among others,
the Act on Access to Public Administration Files
on the duty to take notes and keep records.
Significant errors have been committed in the
case in relation to the rules in the Social Services
Act on the duty of notification.
It is not possible today to establish the extent
to which correct observance of the rules mentioned would have contributed to preventing the
overall chain of events in the case, including the
incident on 6 February 2017.
In my opinion, however, correct observance
would – other things being equal – have been
likely to help prevent it.
I cannot – within the framework of my basis of
assessment – determine any other significant
errors in the case, apart from those already
mentioned.’
Published on 5 October 2018
Case No. 2018-28
But various legal errors had also been committed. This applied, for instance, in relation
to the rules on the duty to take notes and keep
records. Among other things, the school had
generally not had any guidelines or uniform
practice for taking notes, and there had not
been one specific record-keeping system in
use. Specifically, errors had been committed in
relation to, for instance, decisions on exclusion
from school with no notes having been made on
the decisions, and in relation to e-mail correspondence and anonymous letters or e-mails
to the school which had not been recorded and
saved.
And here the reader may already come to a
stop. A boy had been assaulted and seriously
burnt. Four boys of a similar age had been punished. Children had been marked for life. And
the Ombudsman was interested in the duty to
take notes and keep records?
The explanation is that the non-observance
of the rules had had serious consequences.
The errors had impacted on, for instance, both
the school’s and the municipality’s continuous
overview of the long and conflict-ridden chain
of events. The errors also meant that the school
and the municipality afterwards found it difficult
to explain and provide reasons for what had
happened in the case.
FOB 2018-28
En skole og en
kommune begik
væsentlige fejl ved
håndteringen af en
konfliktfyldt elevsag
and that this included a number of problems of,
among other things, a pedagogical and social
care nature.
Of course, it is not possible today to establish to
what extent correct observance of the rules on
the duty to take notes and keep records would
have contributed to preventing the overall chain
of events and, ultimately, the tragic assault. But
we did have grounds for saying that correct
observance – other things being equal – would
have been likely to help prevent it.
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