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Case No. 19/03436
‘We were walking quietly with our dog on a leash
when the cow suddenly took a dislike to the dog
and ran after us. It knocked me down and butted
me.’ A woman wrote this, among other things, to
the Ombudsman after a walk in a municipal forest.
The woman was dissatisfied because she could
not get compensation for the expenses she had
had in connection with a sick note after the incident. The municipality’s insurance company had
informed her that the municipality was not liable
to pay damages, among other things because the
cows were not owned by the municipality but by a
farmer.
CASES
Case No. 19/04405
A mother was very much against her daughter
having contact with her father. However, the Agency of Family Law had made the decision that the
daughter was to have contact with her father again.
The decision could – via the Agency of Family Law
– be brought before the Family Court. The mother
had already appealed against the decision to the
Agency of Family Law but even so she wanted the
Ombudsman to look at the case.
The Ombudsman wrote to the mother that the
Ombudsman does not consider complaints about
decisions by the Agency of Family Law if they can
be brought before the Family Court.
some
The jurisdiction of the Ombudsman does not
extend to the courts of justice – for instance
the Family Court. According to practice, nor
does the Ombudsman consider cases or matters which are being processed by the courts
or which are expected to be brought before the
courts, or where the legislation lays down particularly easy access to judicial review.
The Ombudsman decided not to initiate an investigation since it was a civil law issue whether
the municipality was liable to pay damages to the
woman and since the Ombudsman first and foremost deals with public law issues. In his opinion,
the case had to be decided by the courts if occasion should arise.
The Ombudsman very rarely investigates
complaints about refusals of compensation.
Case No. 18/01700
A local newspaper wrote that a woman had been
refused an electric scooter which she found she
needed after surgery. The grounds for the municipality’s refusal were that politically it had not yet
been decided if temporary technical aids were to
be a part of the municipality’s service level.
The Ombudsman asked for the municipality’s
statement in the case. He pointed out that the
municipality according to the Social Services Act
is required to make decisions about temporary
technical aids based on a specific individual assessment.
The municipality then informed the Ombudsman that the woman’s case had been reopened
because it was an error that the municipality had
not made a specific individual assessment. The
municipality was also going to change its practice
and in future consider applications for temporary
technical aids specifically and individually.
The Ombudsman may decide to open owninitiative investigations. Among other things,
this may occur based on media coverage.
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