appendix d: summaries of selected cases
the contract and legislation. In this context the Ombudsman referred to sections 15 and 16 of the Act on Legal Protection and Administration in Social
Matters and to general rules and principles of administrative law. In the Ombudsman’s opinion, due to this supervisory duty a local authority is obliged to
respond to a certain extent to – and investigate the accuracy of – information
about breaches of contract and non-compliance with relevant legislative provisions. In this specific case the Ombudsman found that the complainant’s written information to the local authority about the supplier’s (too) poor service and
product quality indicated that the local authority obligations in connection with
the administration of section 112 of the Act on Social Services were no longer
being fulfilled correctly and in accordance with the Act. Consequently, he criticised the local authority for not properly investigating whether the complainant’s claims were correct.
The Ombudsman did not ask the local authority to reopen the case as the
complainant had subsequently received a new grant for arch supports and had
chosen a supplier himself this time.
(Case No. 2009-2657-051)
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