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Case No. 13/04866
Case No. 13/02045
A woman was acquitted of social benefit fraud
in a criminal case, as the court did not agree
with the municipality that she and her former
spouse had had ‘real joint finances’. Nevertheless, the municipality and the regional Social
Tribunal refused to reopen the issue of whether the woman was to repay a number of social
benefits – a total of more than DKK 150,000.
During a monitoring visit to a local prison, the
Ombudsman’s monitoring team found the
visiting room to be not very homely. The local prison was keen to support the inmates’
relationship with their children, and in the Ombudsman’s opinion, this was an added reason
why it would be a good idea if the visiting room
were to be made more homely.
When he received the woman’s complaint
about the authorities’ decision, the Ombudsman was puzzled; according to general rules of
administrative law, a citizen has a right to a
reopening of his or her case if, for instance, a
court of law makes a decision which has a
bearing on the case. In an e-mail to the National Social Appeals Board, which was now the
appeal authority in such cases, the Ombudsman asked the authorities to take a position
on the issue.
The local prison management said that money
for new furniture for the visiting room had
already been applied for and granted. The
management agreed with the Ombudsman’s
suggestion that the visiting room could be
better decorated. Some months later, the Ombudsman read in a local newspaper that the
walls of the visiting room had been beautifully
decorated by an artist.
The National Social Appeals Board replied that
the Board had decided to reopen the case, and
the Ombudsman then decided to take no further action in the matter. The National Social
Appeals Board subsequently changed the outcome of the case so that the woman would
not have to repay the social benefits.
The Ombudsman’s monitoring visits are not
only about checking whether the rules and
regulations are observed. The Ombudsman
also endeavours to assess whether conditions
are acceptable to the people who spend all or
part of their lives at the institution.
Case No. 12/04364
When requesting statements on a case from
the authorities, the Ombudsman typically asks
the authorities a number of questions in order
to throw more light on the case. It happens
that the authorities choose to reopen a case
already when they receive the Ombudsman’s
critical questions.
No grounds were given when a manager of a
youth club was dismissed after just one day’s
work. The manager complained to the Ombudsman, who tried, among other things, to
identify the information on which the dismissal
had been based.
After a longish correspondence with the
municipality, it became clear that the background for the dismissal was a slightly older
conflict between the complainant and some
of the staff at a school. The Ombudsman then
forwarded the case to the municipality so
that the municipality could consider whether
the dismissal had been justified. However,
the complainant was satisfied with knowing,
among other things, why he had been dismissed, and he did not want the municipality
to take any further action in the case. Consequently, the case was closed without a new
decision from the municipality.
In 2013, the Ombudsman received about 100
complaints regarding personnel matters.
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