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ANNUAL REPORT 2010
Rejected cases
A total of 3,978 (82.0 per cent) of the cases concluded were rejected without
being subjected to a full or shortened substantive investigation.
Cases may have to be rejected by the Ombudsman for various reasons and
the category ‘rejected cases’ covers a number of situations:
If a complaint is submitted too late, the case must be rejected pursuant to
section 13(3) of the Ombudsman Act. In 2010, the Ombudsman rejected
144 cases for this reason.
Sometimes the person lodging a complaint with the Ombudsman has not
exhausted the appeal options available in connection with the case processing
by the administrative authorities within the existing deadlines. In such cases,
the complaint cannot subsequently be considered by the Ombudsman. In 2010,
the Ombudsman rejected 49 cases of this kind.
The Ombudsman does not consider cases which are outside his jurisdiction.
Pursuant to section 7(2) of the Ombudsman Act, the Ombudsman must reject
complaints relating to the courts and their work. The Ombudsman also rejects
cases concerning matters on which a court is expected to make a decision. In
2010, a total of 147 cases were rejected for these reasons. Complaints relating
to the Danish Parliament, including complaints about legislative issues, are
likewise outside the Ombudsman’s jurisdiction (a total of 32 cases). This also
applies to complaints relating to private legal matters and complaints about
certain tribunals, even though they are part of the public administration in
other contexts (section 7(3) of the Ombudsman Act). In 2010, 229 cases were
rejected for these reasons.
In 2010, the Ombudsman rejected a total of 408 cases because they were
outside his jurisdiction.
1,902 cases were rejected for the time being because the citizens could still
complain about the matter/appeal the decision within the administrative appeal
system etc. As already mentioned, the Ombudsman cannot enter a case until all
administrative complaint/appeal options have been exhausted (section 14 of the
Ombudsman Act). In such situations, the Ombudsman will either forward the
case to the relevant authority or authorities or ask the complainant to use his
or her complaint/appeal options etc. within the administrative system. In this
connection, the Ombudsman will also inform the complainant of the possibility of
returning after his or her complaint/appeal options have been exhausted and a final
decision has been made. In 2010, the Ombudsman forwarded 1,287 (67.7 per cent)
of the cases he rejected for the time being to the relevant authorities.
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