appendix d: summaries of selected cases
2. B
an on contacting local authority by telephone and
on appearing in person without a prior appointment in
spouse’s case. Not a decision.
A local authority decided that a man was not allowed to telephone the local
authority’s family and labour market administration and that he was not allowed to appear in person without a prior appointment. The ban only applied
to his contact with the local authority regarding his spouse’s case. The reason
for the ban was that the man’s approaches up till then had been unpleasant in
both tone and choice of words. Individual staff members described contact with
him as degrading and transgressive. In addition, the frequency of the man’s approaches had imposed a disproportionate strain on the local authority.
The Ombudsman did not criticise the local authority’s ban but came to the
conclusion that the specific limitation of the man’s access to contacting the
administration did not constitute a decision within the meaning of the Public
Administration Act. The Ombudsman found it important that the restriction
in the man’s contact with the local authority was not of a sufficiently appreciable nature to be considered a decision. The man had only been refused access
to contact by telephone with regard to his spouse’s case, and he could appear in
person by appointment.
Regarding the decision concept, please see contrary outcome in Case No. 20082963-009, published in the 2010 Annual Report of the Parliamentary Ombudsman as Case No. 2010 20-3.
(Case No. 2009-2756-009)
3. Ban on appearing in person at town hall was a
decision
A local authority decided to ban a woman from appearing in person at the town
hall. The reason for the ban was a particular incident where the woman had
acted in a threatening manner and yelled at a case worker in a lift in the town
hall. The local authority informed the woman that the ban on appearing in person applied for three years for the time being, and the woman was given a name
and telephone number of a contact person within the administration. When
the woman’s representative asked for a more detailed explanation for the ban,
the local authority added that there had been several prior incidents where the
woman had been unpleasant and loud-mouthed towards various staff members
in the administration.
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