Bilal Mohammad Kabbout
Cleaner
Copenhagen City Hall
10
CASE NO. 17/00766
CASE NO. 17/00148
Bikers and gang members are usually not permitted
leave from Prison and Probation Service institutions
or released on parole if there is a violent conflict in
the biker or gang member community. A practising
lawyer wrote to the Ombudsman and asked as a gen
eral question if it was legal for the Prison and Probation
Service to base its decisions towards gang members
etc. on the police’s assessment of whether there
was a violent conflict in the biker or gang member
community.
Degenerative joint disease of the knee meant that
a journeyman painter had to go on sick leave. After
some time, the municipality assessed that his sick
ness benefit could not be extended: there was no in
formation about a definite prognosis of whether the
journeyman painter would be able to resume work
within the time frame laid down by the law – even
though he had been offered to have knee surgery.
He therefore had to go on cash benefit. The National
Social Appeals Board agreed with the municipality’s
decision.
The Ombudsman could not consider the lawyer’s gen
eral question since the Ombudsman does not give
general legal statements as such unless related to
a case which he is processing. Therefore, he asked
the lawyer to contact him again if some of his clients
wished to file complaints about specific decisions.
The Ombudsman receives complaints from inmates
in Prison and Probation Service institutions on a
regular basis: complaints about actual decisions
which inmates have received as well as complaints
about more everyday conditions in institutions, for
example the range of goods at the grocery, visiting
hours, waiting times in connection with cell calls or
the way prison officers speak to inmates.
CASE NO. 17/02224
A man complained that neither the police nor SKAT
(the Danish Customs and Tax Administration) would
take any action towards a person driving a car with
Swedish licence plates. The man was of the opinion
that the person had a permanent address near his
home (in Denmark) and that it was a case of syste
matic fraud.
The police had referred the man to SKAT, but the man
had not had any response to his enquiries from SKAT.
The Ombudsman sent the complaint to SKAT in order
for it to be processed in accordance with SKAT’s in
ternal procedures for processing of complaints about
case processing.
The Ombudsman cannot investigate complaints
which can be considered by another authority. In
practice, this also applies when an internal channel
of complaint exists, meaning the possibility to have
a complaint considered by the authority which the
complaint concerns.
‘Excuse me, but I just need a new knee!’, the journey
man painter wrote to the Ombudsman. He had main
tained towards the municipality that the prognosis
after knee surgery was good and that he would be
able to resume work after two to three months of
rehabilitation therapy.
The Ombudsman sent the man’s complaint on to the
National Social Appeals Board and asked if it might
have had a bearing on the decision if the authorities
had gathered more information about the surgery
from the hospital. This led to the National Social Ap
peals Board reopening the case and assessing that
the municipality had not investigated the prognosis
of the surgery sufficiently. Therefore, the municipali
ty would have to look at the case again.
A substantial proportion of the Ombudsman’s cases
are about social security law and labour market law
– in 2017, this applied in approximately one third of
the concluded cases.