WHEN SCHOOLS HAVE TO BE LEGAL EAGLES It would take us too far to give an account of all the demands the schools have to comply with in cases involving a decision, but at least we can establish that it would have made a difference in the three cases above if the schools had: 1. Recorded in writing (documented) the course of events which set off the case (the duty to take notes). 2. Sent the notes to the pupil’s parents or legal guardian and asked for their comments (consultation). 3. Subsequently sent the decision in writing with an explanation of the decision made (the grounds) to the parents or the legal guardian. DIALOGUE WITH THE MINISTRY It is a key demand for the administration that it abides by basic provisions within public administrative law. Therefore, the Ombudsman has previously contacted the (then) Ministry for Children and Education to point out that the cases he had processed left the impression that there might be a need to strengthen school headmasters’ knowledge of administrative law. However, the outcome of the case was that the Ombudsman took no further action in the matter, partly because the Ministry had in 2012 made a leaflet, ‘Code of conduct in the primary and lower secondary schools’ (‘God orden i folkeskolen’), in order to get around the problems that may arise when misbehaviour is being handled in the primary and lower secondary schools. In the beginning of 2013, the Ombudsman wrote to the Ministry that he would keep an eye on whether future cases also indicated a lack of knowledge of administrative law among school headmasters who had to deal with serious misbehaviour. The 2015 cases show that the problem has not been solved, and the Ombudsman has now contacted the Ministry for Children, Education and Gender Equality in order to engage in a dialogue with the Ministry on what it will take to protect the legal rights of individual children. T H E C H A N N E L O F C OM P L A I N T FO R P U PI L S If a school headmaster makes a decision regarding a pupil – for instance a decision to implement one-on-one schooling or exclusion from school for a period of time – there are no ordinary channels of complaint. This is stipulated in section 45(2) of the Education Act and has been in force since 1 August 2009. Therefore, the pupil may apply directly to the Parliamentary Ombudsman. Until 1 August 2009, it was possible for pupils to appeal decisions to the municipal council within four weeks. However, a school headmaster is accountable to the municipal council when carrying out his or her duties. The municipal council can process complaints about the school headmaster’s (or the employees’) behaviour, including complaints that the school headmaster has made a decision that is inconsistent with the rules determined by the municipal council. 47