42 | Annual Report 2019
Selected own-initiative investigations
The freedom of expression of employees
of Aabenraa Municipality
The digital self-service solution
of Haderslev Municipality
In the autumn of 2017, the Ombudsman came
across several instances of media coverage of
employees of Aabenraa Municipality having been
summoned to talks with their managements. The
employees had in various contexts expressed
critical views about the municipality in public.
A woman in the town of Haderslev had tried in
vain to apply for orthopaedic shoes for her mother
via the municipality’s digital self-service solution.
However, because of the way in which the selfservice solution had been designed, it was not
possible for the woman to submit an application
on behalf of her mother. There was no information about how citizens wishing to submit applications on behalf of others could do so without
using the digital self-service solution.
For instance, a health visitor had written a letter to
the editor of an online newspaper about healthcare cuts:
‘Dear Politician
How do you think I can continue to make an important difference as a health visitor to families
with young children if we are not given resources
to match our current situation; (...)’
The Ombudsman pooled the five cases in question into one own-initiative investigation to be
able to identify any recurring errors. He concluded the case by criticising Aabenraa Municipality,
stating, among other things, as follows:
‘Managements of public authorities are permitted
to respond when an employee has expressed critical views in public. However, this must be done for
a legitimate purpose and in a legitimate manner.
The talks in this case were not conducted in a
manner which respected the employees’ freedom of expression.’
(Case No. 2019-2)
After receiving a complaint from the woman, the
Ombudsman opened a general investigation of
the municipality’s digital self-service solution for
applications for technical aids, consumer durables and layout and interior design work for persons with functional impairment.
The Ombudsman encountered several errors. He
concluded, among other things, that it was unfortunate that it was not expressly stated that it
is only compulsory to use the digital self-service
solution for applications for technical aids (such
as orthopaedic shoes), but not for applications
for, for instance, consumer durables or layout or
interior design work.
However, the Ombudsman’s investigation of the
self-service solution of Haderslev Municipality
also revealed some more general problems with
the content and coordination of the guidance on
www.borger.dk, the portal which provides a single
point of digital access for citizens to public sector
services.
The Ombudsman therefore opened another general investigation, this time with the Agency for
Digitisation. The Agency stated that it would improve www.borger.dk in a number of respects.
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