90 | Annual Report 2018
incident in which the 16-year-old boy suffered burns.
However, the Ombudsman was of the opinion that
correct observance of the rules would – other things
being equal – have been likely to contribute to preventing the chain of events.
2018-33. Municipality made significant processing
errors in four cases about returns of children and
young people in care outside their home
The Ombudsman carried out an investigation of a
municipality��s processing of four cases about returns
of children and young people who had been placed in
care outside their home. The cases investigated by the
Ombudsman were randomly selected from a total of
12 cases about returns in which the municipality had
made decisions within a specified period of time.
In the Ombudsman’s opinion the municipality’s processing of the cases was overall a matter for severe
criticism.
One reason for this was that in none of the four cases
the municipality appeared to have revised the children’s or young people’s action plans before their return
and specified the further measures to be taken in connection with their return. In addition, the municipality
did not appear to have carried out a consultation with
the child or young person about his or her return in any
of the four cases before making its decision.
Further, in the three cases in which the children or
young people were aged 12 or over, the municipality
did not appear to have communicated to them its
decisions that they were to be returned home. In the
Ombudsman’s opinion the decisions should have been
communicated to them in writing – or have been confirmed to them in writing very soon after the decisions
had been made – and under sections 22-25 of the Public Administration Act, the grounds for the decisions
should have been stated and the decisions should
have been accompanied by guidance on appeal.
In two of the decisions, the parents had not been given
adequate grounds by the municipality for its decision. Further, the municipality had failed to notify its
committee for children and young people in accordance with the provisions of the Social Services Act in
connection with the return of a young person who had
been placed in care without his parents’ consent.
Overall, the Ombudsman’s review of the cases gave
cause for general concern about the municipality’s
processing of cases about returns of children and
young people in care.
The Ombudsman therefore asked the municipality
to inform him how it would in future ensure that cases
about returns would be processed in accordance with
the legislation and in accordance with what was stated
in his report.
On account of the nature of the case, the Ombudsman
found cause to notify the municipal council of the
case. Further, as the issues involved in the case could
be of general relevance in cases about returns of children and young people in care, the Ombudsman also
decided to notify the National Social Appeals Board
and Local Government Denmark (the association and
interest organisation of the 98 Danish municipalities)
of his report.
2018-34. Information in case about renewal of
alcohol licence was not environmental information
The Licensing Board of the City of Copenhagen partially refused a man access to two documents which
were part of a case about renewal of an alcohol licence
for a pub. One of the documents was a recommendation for the Board’s decision prepared by the Secretariat to the Board, the other was the Board’s decision.
The Board’s partial refusal of access was subsequently upheld by the Culture and Leisure Committee of the
City of Copenhagen.
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