114 ANNUAL REPORT 2017 In the Ombudsman’s opinion there was no authority under the relevant Act or Executive Order for the practice described of requiring the young people to hand in their clothes for washing on arrival. The Ombudsman also stated that it was to be regarded as highly doubtful whether such a restrictive measure could be authorised by the non-statutory legal principle of implied powers (a Danish principle that a public institution may to a certain degree establish such rules and make such decisions as are necessary for the overall functioning of the institution). The Ombudsman gave weight to, among other things, the fact that the legislature had decided when passing the Act on Adult Responsibility for Children and Young Persons in Placement Facilities not to follow a recommendation made by the pre-legislative committee to give secure institutions the right to search children’s and young persons’ clothes in addition to the right to frisk children and young persons. However, the Ombudsman was of the opinion that the principle of implied powers did authorise the institution’s practice of requiring residents to hand over their outdoor clothes on arrival and its ban on wearing outdoor footwear inside. The Ombudsman recommended that the institution discontinue as soon as possible its practice of washing residents’ clothes on their arrival. 2017-23. Document sent from municipally owned self-governing harbour to the municipality had been made available to a third party The Ombudsman received three complaints about a refusal by a municipally owned self-governing harbour of access to a report prepared by the harbour administration. The report concerned the possible misuse of assets of the harbour and had been prepared in continuation of an investigation carried out by an auditing firm. The harbour refused the requests for access to the report with reference to section 23(1) paragraph (1) of the Access to Public Administration Files Act, under which documents which have not been made available to third parties are exempt from access. According to the available information, the harbour had sent the report to the municipality’s HR and payroll department, which had registered the report in the personnel files of the relevant employees of the harbour in order that any taxable values of trips made etc. could be reported to the tax authorities.

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