22 | Annual Report 2018
Authorities escape criticism
So we at the Ombudsman institution focus our
efforts on putting the authorities on the right
track when asking for statements – and in some
instances this can mean that the cases are closed
without a final statement containing criticism
from the Ombudsman. This approach may cause
surprise. For is the Ombudsman not letting the
authorities escape too easily? They have, after
all, made an error but they are not criticised for it.
For instance, should not the Fund for Better
Working Environment and Labour Retention
have been criticised when the Fund erroneously
used the rule on ministerial advice and assist
ance? Or should not SKAT have been criticised
when a registration error initially prevented a
housing association from gaining a tax reduction? And had not the Tax Appeals Agency
deserved the Ombudsman’s rebuke when the
Agency refused to give the lawyer an advance
assurance to reopen the case? You can say that
in all three instances, the authority initially committed an error which was not corrected until
after we asked the authority for a statement.
The direct answer to that question is that it is
not in itself a goal for the Ombudsman to utter
criticism but rather that the citizen’s problem is
solved. And that the authority does not repeat
the error.
But of course, cases do regularly crop up with
such important errors that the Ombudsman
chooses to conclude the case with a statement
and criticism. Even though the authority acknowledges and corrects errors. When the Ombudsman chooses to express criticism in these
cases, it is both due to a regard for the citizens’
sense of justice but it is also a forward-looking
attempt to warn the authorities against committing similar errors in the future.
This happened, for instance, in a case where
the Ministry of Higher Education and Science
postponed the reply to a journalist’s request for
access to a specific document until the Ministry
had published the document in question. In reply to our enquiry for a statement regarding the
time aspect of the case processing in relation to
the Ministry’s reply to the request for access to
files and the publication, the Ministry conceded
that it was not relevant to the question of access
to include the regard for the time of publication,
and the Ministry expressed regret at the processing of the request for access. The Ombudsman gave a statement in the case in which he
termed the Ministry’s case processing a matter
for extreme criticism (Case No. 2018-17).
However, as outlined above, there is a group of
cases characterised by quick help to the citizen
and the freeing of resources for both the Ombudsman and the authority – resources which
can then be used on other cases – if the case
in question is closed already on the basis of the
Ombudsman’s enquiry for a statement.
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