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Case No. 13/02940
When a woman closed down her business, the
municipality demanded that almost 30,000 DKK
in early retirement pension be repaid. The woman complained to the Ombudsman about the demand.
There are two conditions which must be fulfilled
before a public authority can make a demand for
repayment of retirement benefits: Firstly, the
benefits must have been received wrongfully.
Secondly, the recipient must be in bad faith. The
Ombudsman sent the complaint on to the National Social Appeals Board so that the woman
could get a more specific explanation as to why
the municipality believed that she had received
the money wrongly and in bad faith.
In the opinion of the National Social Appeals
Board, the basis for the repayment demand was
not entirely clear, and the Board therefore asked
for a renewed assessment from Udbetaling Danmark which is the authority responsible for collection, disbursement and control of a number
of public benefits. Udbetaling Danmark did not
think that the woman had acted in bad faith and,
consequently, the outcome of the case was that
the woman did not have to repay the pension after all.
The Ombudsman will often be able to get a case
back on track simply by sending it on to the relevant public authority.
Case No. 14/03799 and 14/03800
During a monitoring visit to a state prison, the
Ombudsman’s monitoring team praised the state
prison’s own manual on assessment of the danger
of suicide and prevention of suicidal behaviour.
When visiting a nearby local prison the next day,
the monitoring team suggested that the local
prison staff find inspiration in the state prison’s
suicide screening manual, as the local prison did
not have any written guidelines on the subject.
During his monitoring visits, the Ombudsman will
gather information on ‘best practices’ and share
it with the relevant authorities, institutions and
users. Knowledge sharing can take place in both
informal contacts and more formally in case reports and annual reports.
Case No. 14/01037
When a mother received the birth certificate of
her new born child, she was surprised to see that
she herself was listed without her middle name.
It turned out that she was registered like this in
the church civil register.
The woman had taken her husband’s last name
but – or so she thought – she had kept her maiden name as a middle name. Her children had been
given both names and the intention was that she
and the children would have the same names.
She asked the National Social Appeals Board for
advice on how to register her middle name. The
Board replied that according to the new Names
Act the woman could apply to have her former
maiden name changed to a proper middle name
for a fee.
The woman complained to the Ombudsman that
she had to apply to have the middle name which
she had always believed she had. But the Ombudsman had previously investigated a similar
case and found that the Board’s interpretation
of the Names Act was correct. Consequently,
the reply in this case had to be the same, and the
Ombudsman therefore did not investigate the
complaint further.
The National Social Appeals Board is one of the
public authorities which the Ombudsman contacts most frequently. In 2014, the Ombudsman
sent close on 900 letters to the Board.
Case No. 14/01288
A citizen asked the Ombudsman about public authorities’ obligation to answer questions from the
citizens in general.
The Ombudsman replied that he does not issue
general statements on legal matters unless such
statements are placed in context with a specific complaint. He added that the citizen was, of
course, welcome to write again should he wish to
lodge a complaint in a specific matter.
The framework of the Ombudsman’s work is stipulated in the Ombudsman Act. The Ombudsman’s
core competence is to process specific complaints.
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