A particular serious issue aroused from the limitation of access, by lawyers, to their
clients detained at the Detention Facility located in Lisbon Airport, the said access being
subjected to the payment of a fee for each entrance. Notwithstanding the acceptable and
normal security controls, for entering a particularly vulnerable area, the Ombudsman
called for action by the Foreign and Border Police (SEF) and the regulatory independent
body – the National Civil Aviation Authority (ANAC), towards the elimination of such
fee.(46)
The frequent and informal contact with local services of the Foreign and Border Police
(SEF) continued, seldom with meetings, a good level of cooperation being provided.
Once more, the results achieved from the cooperation protocol subscribed with the
High-Commissioner for Migrations (ACM) should be underlined, with mutual referral,
according to the specialized competences and scope of each institution.
Education
The number of complaints climbed from 220 in 2015 to 242 in 2016, specially because
of preschool education issues (an increase of 45%), the former proportional distribution
being maintained in basic, secondary and higher education-related complaints.
This increase in preschool education was mainly due to the enlargement of the universal guarantee of public offer to all children completing 4 years until the end of the civil
year(47), thus creating more pressure on allocating the places available on public educational facilities in specific areas.
In general terms, the same issue is also an important cause for complaint, on non-superior levels of education, during July and August of each year. Also in the same levels, a
significant proportion of complaints deal with the lack or insufficiency of support provided to children and youngster with disabilities or other special educational needs. The
Ombudsman’s intervention is focused on promoting dialogue between all the concerned
parties, deepening the reasoning and technical grounds on allocating resources.
In basic educating, besides the material conditions of facilities, a common issue presented relates to the payment of transportation, especially when the pupil lives in a certain
municipality and studies in a neighbouring one, neither City Council assuming the cost.
As there is no perfect match of the school network and the administrative structuring
of the territory, further emboldened by the right of choice acknowledged to parents, the
Ombudsman always stress the need to respect this freedom of choice, however restraining
the financial support to the cost bearable by the municipality if the school chosen was
that provided by the officially established network.
(46) See 6.6.1.b).
(47) Law No. 65/2015.
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