Summaries of selected statements | 89
Further, the Ombudsman was of the opinion that even
if the authorities obtain consent for the monitoring of
the communication of a child or a young person in care
outside his or her home, whether from the child or young
person or from a person with parental responsibility, it
is not possible to dispense with the requirement that
the municipality’s committee for children and young
people must make a decision that the communication
is to be monitored before such monitoring can be
initiated.
The Ombudsman pointed out that as a result of the
fact that no decision had been made, the special legal
guarantees in relation to decisions on monitoring the
communication of children in care outside their home
had not been observed.
In the Ombudsman’s opinion the boy’s legal rights had
been severely infringed.
The Ombudsman decided to notify Parliament’s Legal
Affairs Committee, the Minister for Children and
Social Affairs and the municipal council of the case in
pursuance of section 24 of the Ombudsman Act.
Further, the Ombudsman asked the municipality to inform him how it would in future ensure that it observed
the rules on initiating monitoring of the communication
of children and young people in care outside their
home.
2018-28. School and municipality made significant
errors in handling of conflict-ridden case involving
pupils
A 16-year-old schoolboy suffered serious burns when
he was hit by a bottle of burning petrol. Four boys of the
victim’s age, who were also pupils at his school, were
convicted as the perpetrators in the case. Following
the incident, some citizens contacted the Ombudsman as they were concerned about and dissatisfied
because of inadequate action by the school and the
municipality prior to the incident.
The Ombudsman subsequently decided to investigate
certain aspects of the case on his own initiative.
In his statement on his investigation of the case, the
Ombudsman noted that significant errors had been
committed in relation to the rules of, among other
things, the Access to Public Administration Files Act
on the requirement to take notes and the requirement
to keep records.
The Ombudsman assessed that these errors had had
an impact both on the school’s and the municipality’s
ongoing overview of the case and on their subsequently being able to explain and provide reasons for what
had happened and been done in the case.
The Ombudsman also noted that significant errors
had been committed in relation to the rules of the
Social Services Act on the requirement for public employees to notify the municipality if a child or a young
person is or may be in need of special support.
Thus, for instance, the Ombudsman was informed
that it ‘had not been the practice’ of the school to
‘give notifications to a pronounced extent’ if the social
services department was already involved in a specific
case concerning a pupil and measures under Part 11
of the Social Services Act had already been initiated.
The Ombudsman agreed with the authorities that
this involved a risk that notifications were not given in
accordance with section 153(1) of the Social Services
Act.
Overall, the Ombudsman took into account that the
school had not to the relevant extent given notifications to the municipality under the rules of the Social
Services Act.
The Ombudsman stated that it was not possible to
establish to what extent correct observance of the
above-mentioned rules would have contributed to
preventing the overall chain of events, including the
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