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CASE NO. 15/01922
CASE NO. 15/03239
An eight-year-old girl needed rehabilitation therapy
after suffering from meningitis. The hospital prepared
an intensive, specialised rehabilitation plan which was
to be executed by staff with neuropsychological expertise.
A citizen complained via the citizen complaint form
at www.ombudsmanden.dk that she was unable to
obtain a refund of her money from the Danish State
Railways (DSB) for a multitrip ticket. As contact information, the citizen had merely stated her initial letter,
a very common surname, an imprecise address and a
mobile phone number. When one of the Ombudsman’s
staff members called her, she stated her – also very
common – given name, but no address or civil registration number. Instead, she requested that the Ombudsman wrote to her e-mail address.
However, the municipality, which was supposed to
pay for the rehabilitation, assessed that an offer of
physiotherapy was sufficient and refused to cover
the rehabilitation expenses. A lawyer complained to
the Ombudsman on behalf of the girl’s parents.
The provision within this field stipulated that the municipality was not allowed to disregard the physicians’
assessment in relation to the need for rehabilitation.
Consequently, the Ombudsman forwarded the complaint to the municipality so that the municipality
could explain to the girl’s parents how the offer of
physiotherapy could be comparable to the specialised
therapeutic option recommended by the hospital.
The municipality looked into the case again and decided to withdraw its refusal.
Sometimes, the Ombudsman can assist in a case
merely by asking the authority the ‘right’ questions.
CASE NO. 15/02690
‘I’m just a child, and it’s not fair that I’m not getting
my money’, a 17-year-old girl wrote to the Ombudsman. The girl was entitled to a children’s supplementary pension of approx. 16,000 DKK annually from her
adoptive father. However, although the girl had informed the authorities that she no longer had any
contact with her biological mother, the Agency of
Governmental Administration paid the first rate into the mother’s Easy Account (in Danish NemKonto, a
bank account for receiving payments from the public sector. All citizens in Denmark are required to have
a NemKonto). The mother, who was mentally ill, spent
the money straightaway.
The girl appealed to the Agency for Modernisation,
Ministry of Finance, and the Agency replied that the
money had been paid into the Easy Account connected to the girl’s social security number. The girl should
have pointed out on her own initiative that her social
security number was to be connected to another account. The Easy Account rules said so.
The Ombudsman did not find that the authorities had
made errors in the case, but he directed the attention
of the State Administration and the Danish Agency
for Digitisation to the problem.
In 2015, the Ombudsman received about 50 complaints from children and young people under 18
years of age.
The Ombudsman wrote to the citizen that he was
unable to process a complaint unless he could determine with certainty who had lodged it. Since he could
not do so in this case, the case was closed.
The Ombudsman Act stipulates that a complaint
must include the name of the complainant.
CASE NO. 15/02558
The Ministry of Justice wrote three times to a citizen
who had requested access to public files pursuant to
the Access to Public Administration Files Act that the
Ministry expected to answer within three weeks. It
appeared from the third letter that a processing error
had occurred when the Ministry scanned the material for the citizen – consequently, the Ministry now had
to do the work from scratch again.
When three weeks had passed after this message,
the citizen had still not received a reply from the Ministry. He complained to the Ombudsman who asked
the Ministry for a statement about the prolonged processing time. But since it turned out that the Ministry had sent its decision to the citizen at the same
time, the Ombudsman discontinued his investigation
and wrote to the citizen that an investigation would
not be of any help to him at the present time. The Ombudsman also wrote that in general, he paid special
attention to the authorities’ processing times regarding requests for access to public files, and that he
was currently processing another case about the Ministry’s case processing time.
It is a prerequisite of the Danish Access to Public Administration Files Act that the authorities work quickly when journalists and other citizens request access
to public files. Therefore, the Ombudsman has tightened the demands for his own processing time in
complaints about access to public files.
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