56 | Annual Report 2019
In addition, the Ombudsman agreed that all the documents of the Finance Committee could be considered
to be part of the case concerning legislation, and in
the Ombudsman’s opinion this was also true of the
documents of the Ministry for Economic Affairs and
the Interior. In reaching this conclusion, the Ombudsman gave weight to, among other things, the documents having a direct and close connection, including
in terms of time, with the work carried out by the
Finance Committee.
2019-29. When children are consulted as parties
to a case, it must be done in a manner to enable
them to understand what the case concerns
The National Social Appeals Board received an anonymous notification of concern about the well-being of
two children. Because of uncertainty about who the
children’s mother was, the Board called her employer
to confirm her identity.
In connection with its processing of the case, the
Board sent the two children consultation letters with
documents from the case. The children were 12 and
14 years old, respectively, and the 12-year-old child
had a diagnosis of atypical autism.
The Ombudsman found that he could not criticise
that, in cases of notifications of concern about children, the National Social Appeals Board as a general
rule consults not only the holders of parental responsibility as parties to the case but, in the absence of
special circumstances, also children aged 12 or over.
The Ombudsman therefore found no grounds for
criticising the Board’s assessment that the 14-yearold girl could be consulted.
With regard to the 12-year-old boy, the Ombudsman
was of the opinion that he did not have sufficient
grounds for criticising the Board’s assessment that he
could be consulted.
However, in the Ombudsman’s opinion the way in
which the Board had conducted the consultation of
the children had not made it sufficiently clear to them
what the case concerned and on which information
the Board wanted the children’s comments. The Ombudsman added that in his opinion the consultation
had been conducted in an undesirable way which was
not considerate towards the children.
In addition, the Ombudsman stated that in his opinion
he did not have a sufficient basis for criticising that
the Board chose to call the employer whose name
was stated in the notification in order to confirm the
mother’s identity. However, the Ombudsman was of
the opinion that the Board’s notes from the telephone
conversation should have stated to whom the Board
had spoken and which specific information had been
passed on during the conversation.
Further, the Ombudsman found that he could not
criticise that the National Social Appeals Board
processed the anonymous notification instead of
forwarding the case to the municipality, which had not
previously received any notifications about the family.
2019-32. No redress despite inadequate
guidance on tax-free bonus by unemployment
insurance fund
A woman applied to her unemployment insurance
fund for a tax-free bonus, for which members of an
unemployment insurance fund may be eligible if they
postpone voluntary early retirement and continue
working. The woman had continued working beyond
the age at which she became eligible for voluntary
early retirement – at first as a part-time wage earner
for just over two years and then as an assisting spouse
in her husband’s firm.
The unemployment insurance fund and the appeals
bodies refused the woman’s application for a tax-free
bonus because she did not meet the requirement on
the number of hours worked: she had not worked a
sufficient number of hours in her part-time job, and
because she was part-time insured against unemployment, the number of hours which she had worked in
her husband’s firm did not count.
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