148
ANNUAL REPORT 2014
In a case report, the Ombudsman went through the major legal principles applicable to the placement of children outside the home as well as the authority
in the Social Services Act to bring back children in care to the municipality or
to place them at another facility. The Ombudsman expressed his concern about
the fact that the information he had received did not contain a description of
the legal framework for the municipality’s process. Also, the Ombudsman did
not think that the municipality’s so-called minimum intervention principle was
consistent with the state of law suggested by the Social Services Act.
All in all, the case gave the Ombudsman reason for grave concern that the legal
position of the most vulnerable children was being put at risk, and the Ombudsman asked Guldborgsund Municipality to reconsider the procedure as well
as the principles for the seven step process which constituted the basis of the
municipality’s planned cost-cutting for care placements. The Ombudsman asked
to be informed of the municipality’s intended actions. The Ombudsman informed the National Social Appeals Board, the Ministry of Children, Gender
Equality, Integration and Social Affairs, Parliament’s Social Affairs Committee
and Parliament’s Legal Affairs Committee of the case.
2014-11. CONFLICT OF INTEREST AND ADDITIONAL OCCUPATION IN
CONNECTION WITH MUNICIPALITY’S PLACEMENT OF A MOTHER AND
CHILD IN A FOSTER FAMILY WHERE THE FOSTER FATHER WAS ALSO
HEAD OF THE MUNICIPALITY’S FAMILY HOUSE AND THE MUNICIPALITY’S FAMILY CARE CONSULTANTS
The Ombudsman opened an own initiative case in relation to a municipality because it came to the Ombudsman’s attention that the municipality had decided
to place a mother and her child in a foster family where the foster father also
held a municipal management position. The foster father worked for the municipality as head of the municipality’s Family House (family resource centre)
and the municipality’s family care consultants.
Based on information received from the municipality, the Ombudsman found
that the foster father had not been part of the case processing which led to the
mother and child being placed in his and his wife’s care. Neither were there
grounds for presuming that there was a conflict of interests in regard to the
persons making the decision to place the mother and child in the foster family.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents