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Case No. 13/03344
Case No. 13/02368
A woman lived in a rented flat in a house which
had formerly consisted of bedsits. The bedsits
had now been converted into actual flats, and
the woman lived in one of these flats on the
ground floor. She had problems in getting her
mail, as it was put in the wrong letter box. With
the landlord’s consent, she therefore asked
the municipality to register her flat as ‘ground
floor r.’ (r. meaning ‘on the right’).
When a man asked not to receive the local
parish magazine, the parish clerk replied that
according to an agreement with the Ombudsman, parish magazines are considered public
information and are therefore to be distribut
ed to everybody. The man then wrote to the
Ombudsman and said that he would like to see
some documentation of this agreement.
However, the municipality did nothing about
it, and the woman complained to the Ombudsman. The Ombudsman telephoned the
municipality and subsequently forwarded the
complaint to the municipality. Shortly afterwards, the municipality changed the address
of the flat.
The Ombudsman may help complainants in
many ways. In some cases, the best solution is
a telephone call to the authority.
The Ombudsman replied, among other things,
that he cannot enter into agreements with
public authorities regarding their work, and
that the same applied to the issue described
by the complainant.
The Ombudsman can express his opinion in
statements which are not legally binding – possibly involving criticism of public authorities or
a recommendation that an issue be reopened.
Case No. 13/05082
Case No. 12/04974
The Danish Security and Intelligence Service
(PET) had postponed its reply to a citizen’s request for access 19 times without giving any
concrete reason for the long case processing
time. All 19 times, the Service wrote to the
citizen that it expected to be able to process
the request within the next 30 days.
After reading about the case in a daily newspaper, the Ombudsman asked the Security and
Intelligence Service and the Ministry for Justice for comments on the course of events. On
the basis of the authorities’ replies, the Ombudsman stated that the Service’s handling of
the citizen’s request for access to files was in
violation of the Access to Public Administration Files Act and therefore regrettable.
A month and a half after the Ombudsman had
asked the authorities for their comments, the
Security and Intelligence Service decided that
the citizen could not be granted access to the
files.
It is not unusual that the Ombudsman takes up
a case on his own initiative which has come to
his attention due to media coverage.
A 16-year-old girl had improved both academically and socially in the 2½ years she had been
attending a small special needs school for
young people with learning disabilities. She
and her parents therefore wanted her to continue at the school for another year. But the
municipality said no and instead referred the
girl to an especially designed youth education
programme at a special education centre.
The parents appealed the decision, but the
Appeals Board for Special Needs Education
agreed with the municipality that the municipality’s offer was more suited to the girl’s
needs, and the Board thereby concurred with
the municipality’s decision.
The parents complained to the Ombudsman,
who reviewed the documents in the case
but did not find any prospect of being able
to criticise the result of the Board’s decision.
Consequently, he did not accept the case for
investigation.
If, having reviewed the documents in a case,
the Ombudsman sees no prospect of being
able to criticise the authorities, he can close
the case without asking the authorities for a
statement on the case, pursuant to section
16(2) of the Ombudsman Act.
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