Camilla
Contract soldier
Camp Oksbøl
76
CASE NO. 17/01707
CASE NOS. 17/02604 AND 17/03132
‘I can’t take it anymore, I’m living in an inferno of pain,
fatigue and failing memory’, a 56-year-old woman
wrote to the municipality when she was offered a
rehabilitation programme for the second time. The
woman suffered from degenerative joint disease and
had also developed depression and anxiety.
The Danish Agriculture and Fisheries Agency reject
ed financial support to a number of projects intended
to boost sales of fish. The Agency wrote that the ap
plicants could appeal to the Agency itself within four
weeks. The Agency would then send on the appeals
to the then Complaints Centre for Food, Agriculture
and Fisheries.
The municipality rejected disability pension as an op
tion even though the woman’s doctor assessed that
she had no working capacity and that a work ability
test would aggravate her health issues. The Nation
al Social Appeals Board agreed with the municipali
ty: information other than from the doctor had to be
taken into account when a citizen’s working capacity
was to be assessed. Therefore, it was not to be ruled
out that a work ability test might help the woman in
the right direction.
The Ombudsman did not find that he could help the
woman. As Ombudsman, he did not have the qualifi
cations to consider the expert assessments and con
siderations on which the decision was based.
The Ombudsman is a law graduate and deals pre
dominantly with legal matters. Normally, he can
not consider medical expert assessments or make
a thorough investigation of the assessments which
authorities have carried out in accordance with the
rules.
The applicants appealed to the Agency, which after
almost eight months upheld the refusals. However,
the Agency did not forward the appeals to the Com
plaints Centre as stated.
The Ombudsman sent the cases to the Ministry of
Foreign Affairs, which is responsible for fisheries, in
order for the Ministry to consider if the appeals had
been dealt with correctly.
The jurisdiction of the Ombudsman extends to all
parts of the public administration. The subjects of
the cases he processes are therefore wide-ranging.
CASE NO. 17/00431
‘I strongly disagree that I should not be entitled to
get access to information about myself’, a woman
wrote. The National Social Appeals Board had denied
her access to a letter which her mother had written
to the Board some years earlier. The letter was about
the woman’s son, who was given up for adoption in
the 1970s.
As grounds for the refusal, the National Social Ap
peals Board had stated that the letter contained in
formation about the private circumstances of other
individuals.
The National Social Appeals Board had not, howev
er, considered if the woman was entitled to access to
the information about herself in the letter. Therefore,
the Ombudsman sent the case to the National Social
Appeals Board. After this, the woman was granted
access to parts of her mother’s letter.
One of the Ombudsman’s essential powers accord
ing to the Ombudsman Act is to make statements
– where relevant with criticism of or recommenda
tions to authorities. In practice, however, many
cases are resolved in a more flexible way.
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