20 | Annual Report 2018
like a lot, but it corresponds to 10 per cent of the
Ombudsman’s full investigations that do not go
beyond this stage. In each of the 25 cases, the
Ombudsman and the individual authorities save
time and resources, and the citizen’s case is
resolved much faster than with a full Ombudsman investigation.
Because a full investigation may easily take several months. In a full investigation, the authority
responds to our enquiry with a statement,
followed possibly by more rounds of asking for
statements from the authority, and often also
for statements from the complainant as a party
to the case. When all the facts in the case are
clear and all necessary statements on the matter have been obtained, the case is concluded
with a report or a statement from the Ombudsman. And possibly criticism.
But as shown, this process may be cut short in
some cases after the first enquiry for a statement, and many resources may thereby be
saved. The increasing focus on asking clearly
defined and precise questions early in the case
can be seen when you look back at the institution’s history.
The Ombudsman’s case processing
seen over time
The Ombudsman institution saw the light of day
in 1955.
In the first decades, an ombudsman investigation
was normally opened as long as a complaint
met the formal conditions and was not manifestly unfounded. The Ombudsman’s questions
when asking authorities for statements were
often open-ended and broad-spectrum, as the
process of asking for statements was typically
initiated on the basis of what the complainant
had written. The theme of a complaint was thus
not normally specified or defined in any further
detail. Since then, the Ombudsman institution’s
method has evolved quite a bit, not least due to
the increasing case load and the consequent
need to prioritise resources.
It is certainly important that the Ombudsman
can choose which cases and which aspects of
a case he is going to investigate. Over the most
recent decades, this possibility has been used
to an ever greater extent.
Accordingly, the complaints undergo an initial
screening, and if we assess that we cannot help
the complainant achieve a better legal position,
the complaint is closed as quickly as possible.
This may happen even if we deem that minor
errors have been committed. However, sometimes such complaints where minor errors have
been committed may provide the basis for a
general case if something indicates a systemic
error.
Overall, we at the Ombudsman institution today
put a lot of effort into the start-up phase of the
cases in order to choose the right cases and issues for investigation and to set up these cases
in the right way. But experience shows us that,
in the long run, this will save resources overall
which may be spent on other cases. And at the
same time, this prevents a build-up of expectations in the complainants whom we have to
disappoint in the end.
A corresponding approach is reflected when we
endeavour to resolve the cases by asking the
authorities one or two precise question.
Questions with built-in answers
In some cases, we set out the legal basis when
asking the authority for a statement and indicate that if the authority agrees with it, we will
not spend more time on the case. It is phrased
in another way, but the message is clear.
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