appendix d: summaries of selected cases
must apply even though no request for reopening has been put forward and no
doubt has been raised about the correctness of the previous grant notifications
that have been included in the basis for the new decision.
Therefore, the Ombudsman was of the opinion that the Agency’s letter to the
complainant was a decision which could be appealed to the Board. Consequently, the decision should have contained guidance on appeal.
(Case No. 2008-1216-730)
3. Access to internal documents from inspection visit at
free school
Inspectors from the Danish School Agency (the Agency) had written down a
large number of observations from lessons they had watched in connection with
an inspection of a free school. The free school wanted access to these observations.
The Agency granted only partial access, as the school was refused access to
those parts of the observations which the Agency found to be ‘internal assessments’. The Ministry of Education agreed with the Agency’s opinion.
The school’s lawyer complained to the Ombudsman about the authorities’ decision on access to the observations.
The case raised issues in relation to section 12(2) of the Public Administration
Act about authorities’ duty to hand over information contained in internal documents regarding the facts in a case. The case also raised questions regarding
the application of section 13 of the Public Administration Act, which stipulates
that parties to a case are entitled to access to certain internal case material.
In the Ombudsman’s opinion the free school was entitled to access to certain
additional information, and he recommended that the Ministry of Education
reopen the case.
(Case No. 2009-4506-701)
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