Johanne Brøns Marcussen
Fireman
The village of Ladby
28
CASE NO. 17/02084
CASE NO. 17/01555
A general concern about how the national church is
run made a man write to the Ombudsman with vari
ous suggestions on the management of the national
church, which ought to be more businesslike, among
other things. It appeared from the man’s enquiry that
he had already corresponded with the Ministry of Ec
clesiastical Affairs and had also presented his views
to Parliament’s Ecclesiastical Affairs Committee.
Is it fair that a child’s income affects the mother’s
housing benefit? A 16-year-old boy raised that ques
tion in a complaint to the Ombudsman. The boy found
that the rules within this field prevented him from
earning his own money and getting work experience.
The Ombudsman informed the man about how the
Ombudsman works and that above all the Ombuds
man monitors whether decisions made by authori
ties towards citizens are correct. The material which
the man had sent to the Ombudsman did not give
the Ombudsman grounds for taking any action in the
matter.
The Ombudsman himself determines whether a
complaint offers sufficient grounds for investiga
tion. This is stipulated in section 16(1) of the Om
budsman Act.
The Ombudsman wrote to the 16-year-old that he
could not help him with his complaint because the
rules were based on legislation. However, the Om
budsman also sent on the boy’s complaint to the Min
istry of Employment so that the Ministry would be
informed of the boy’s dissatisfaction with the legis
lation.
The Minister for Employment then wrote, in person,
to the boy that the Government had just proposed
changing the housing benefit rules on exactly the
point with which the boy was dissatisfied.
The Ombudsman cannot investigate complaints con
cerning Parliament or the content of legislation
passed by Parliament, nor does he otherwise engage
in matters concerning legislative policy.
CASE NO. 17/01103
A practising lawyer complained on behalf of a client
that so far the Tax Appeals Agency had spent almost
four years processing an appeal case about reimbursement of the client’s legal costs.
The Ombudsman sent the complaint on to the Tax
Appeals Agency on 17 March 2017. If the Agency
made a decision before 1 May, it was not to take any
further action. Failing this, the Ombudsman would
ask for a statement about the case processing time.
The Tax Appeals Agency made a decision on 25 April,
and the case was therefore concluded without a
statement from the Ombudsman.
Concerning case processing times the Ombudsman
sometimes asks ‘conditionally’ for a statement –
meaning that the authority need not spend time
replying to the Ombudsman if a decision is imminent.
CASE NOS. 17/03731 AND 17/03735
Two citizens complained independently of each other
about the Danish Broadcasting Corporation (DR)
charging VAT on licence fees. It had been in the press
that the European Court of Justice had established
in a case about Czech radio licence fees that licence
fees were not covered by the VAT rules. Therefore,
the two citizens were of the opinion that also in Den
mark it was illegal to charge VAT on licence fees and
that they and other licence fee payers were owed a
large amount of money.
The Ombudsman informed them that they would have
to write to DR about the questions they had presented in their complaint. In addition, the Ombuds
man pointed out that it was evident from the press
that other licence fee payers considered suing DR –
and in that case, the Ombudsman could not investi
gate the case.
The jurisdiction of the Ombudsman does not ex
tend to the courts of justice. Therefore, it is the
Ombudsman’s practice not to investigate cases or
queries that are being dealt with by a court or on
which a court is expected to make a decision.
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