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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