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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