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CASE NO. 14/05441
CASE NO. 15/01190
Scientific articles often have several authors – but if
a complaint is filed concerning the contribution of one
of the authors, the other authors do not have the status
of parties to the case and are therefore not informed
of the complaint.
When staff from the Ombudsman’s Monitoring Department visited a psychiatric ward, a patient told
them that she could not get a reply to her request for
access to her medical record.
A researcher complained to the Ombudsman about
this state of affairs. He had learned indirectly that the
Danish Committees on Scientific Dishonesty (DCSD)
had received a complaint about the contribution by
one of his colleagues in, among others, articles where
he himself was listed as first author.
The visiting team raised the question with the ward’s
management and staff. It turned out that the staff
thought they could refuse the patient access on
medical grounds. The visiting team informed them
that the rules had been changed. Refusing psychiatric
patients access to their medical record was no longer
allowed unless the record entries pre-dated 2010.
The Ombudsman asked the DCSD to consider whether
co-authors ought to have status as parties. The DCSD
did not think so – however, the DCSD would in future
inform co-authors to articles of complaints about the
scientific work produced by others who have contributed to the articles in question.
The Ombudsman makes monitoring visits to many different kinds of institutions. The purpose is to inspect
the conditions for persons who live at the institution
or use it daily. In 2015, the Ombudsman’s staff made a
total of 49 monitoring visits.
When the Ombudsman starts processing a case, he
investigates, among other things, whether the authorities have observed the relevant rules – for instance
the rules in the Public Administration Act that govern
the authorities’ work.
CASE NO. 15/01084
Following an assessment of the work environment at
one of the State Administration’s local departments,
an interest group urged the Ombudsman to investigate all the authority’s child and family cases. The
State Administration had been told to improve the
mental health work environment, and the interest
group was therefore concerned that the quality of
the authority’s case processing was not satisfactory.
The Ombudsman replied that he did not find grounds
for a general investigation. He also wrote that the
Ombudsman’s main task is to consider specific decisions.
The Ombudsman can carry out general investigations
of an authority’s case processing – on the basis of a
complaint or at his own initiative. This sort of investigation is rarely undertaken, partly because it takes a
lot of time away from the ongoing processing of complaints.
CASE NO. 15/00751
How do you weigh the right to family life against the
regard for enforcement of the law? The Department
of the Prison and Probation Service allowed the latter to outweigh the former when refusing a request
for leave from a long-term prisoner who wanted to
participate in an important family event. In its refusal, the Department emphasised, among other things,
the very serious crimes for which the man had been
sentenced.
The man’s lawyer complained to the Ombudsman
about the refusal. She wrote, among other things,
that the regard for law enforcement, which the Department used as an argument, was abstract and
undocumented as long as the man was not allowed
leave and thereby the opportunity to show that the
Department’s objections were not valid.
The Ombudsman replied that he had decided not to
investigate the case in further detail. Refusing the
man’s wish for leave was not contrary to the rules –
and nor was there anything else in the Department’s
case processing which the Ombudsman thought that
he would be able to criticise.
Pursuant to section 16(2) of the Ombudsman Act,
the Ombudsman can choose to close a case without
asking the relevant authority for a statement if the
complaint does not provide grounds for criticism or
recommendation.
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