144
ANNUAL REPORT 2015
rules which had been issued under the authority of the Executive Order on
Study and House Rules for Upper Secondary Schools. In the case in question,
the Ministry had expressed the opinion that a school principal could employ
sanctions beyond the forms of sanction mentioned in the study and house rules.
When asking the Ministry for a statement, the Ombudsman pointed out that it
is usually presumed that a more stringent legal authority is required in the case
of intrusive decisions. Furthermore, the Ombudsman was of the opinion that
the list of possible forms of sanction in the Executive Order on study and house
rules appeared exhaustive according to its wording.
After reconsidering the case, the Ministry of Education concurred with the
Ombudsman that a school principal cannot employ sanctions not mentioned in
the Executive Order on study and house rules against a student who has broken
those rules.
Subsequently, the Ombudsman did not have grounds for taking further action.
He did, however, find occasion for commenting that the use of specific forms of
sanction does not only require legal authority in the Executive Order on study
and house rules but also requires that the forms of sanction be implemented in
the locally established study and house rules.
In addition, the case gave the Ombudsman occasion to make some general
comments on the question regarding suspension of the appeal deadline in the
case of insufficient guidance on appeal.
2015-34. Unclear legislation regarding special nursery schools
A municipality converted a special nursery school from a special day-care facility
for children according to the Social Services Act to a facility according to the
Day-Care Facilities Act. In overall terms, the conversion did not affect the care
and treatment of the children but it did, among other things, mean the introduction of the same self-payment as in the municipality’s other day-care facilities. The central theme in the case was the distinction between section 32 of
the Social Services Act regarding special day-care facilities and section 4 of the
Day-Care Facilities Act regarding general day-care facilities.
In the Ombudsman’s opinion, the relevant legislation was unclear. In his assessment, based purely on the wording of the relevant provisions in the Social
Services Act and the Day-Care Facilities Act, the legislation did on the face of
it allow such a conversion. However, it was also the Ombudsman’s view that the
explanatory notes to the provisions made it seem unlikely that the legislation
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents