100
annual report 2010
In addition, the Ombudsman criticised certain matters in connection with the
local authority’s communication with the mother’s lawyer in the lawyer’s capacity as party representative.
(Case No. 2010-0824-0007)
10. Competence of social tribunal to consider complaint
about local authority’s forced administration of
disability pension. Interpreting the scope of previous
administrative decision.
A local authority made the decision to take over the administration of a man’s
disability pension because he did not pay his rent or clean his flat adequately.
Subsequently, the local authority saw to it that the man’s rent was paid but the
local authority also paid a number of other bills for the man. These included a
medicine bill, a bill for relocation of the man’s household effects and a bill for
the renovation of the man’s flat when he moved out.
Two of the man’s relatives complained about the local authority’s administration
of the man’s disability pension. The social tribunal refused to consider the relatives’ complaint, as the tribunal did not think that any new decisions had been
made in the case which could be appealed to the tribunal. The Ombudsman
disagreed.
On the basis of an interpretation of the local authority’s original decision to
take over the administration of the man’s pension, the Ombudsman established
that a number of the bills which the local authority had paid on the man’s
behalf were not included in the original administration decision. Consequently,
the social tribunal should not have refused to consider the complaint from the
relatives, and the Ombudsman criticised this refusal.
In addition, the Ombudsman found it regrettable that the local authority had
not realised that it had in fact made new decisions concerning the administration of the man’s disability pension.
The Ombudsman recommended that the social tribunal reopen the case and
consider the part of the relatives’ complaint which concerned the issue of the
local authority’s administration of the man’s disability pension.
(Case No. 2008-0569-009)
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