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Case No. 14/01839
Case No. 14/01605
The school library had sent many reminders that
a boy in the second form should return some
books he had borrowed. Now the municipality
was involved, demanding compensation for the
books, but the boy’s father did not think that he
should be held responsible for the books his son
borrowed at the school.
The father asked the Ombudsman to consider the
question of liability for compensation in the case.
However, the Ombudsman does not normally consider compensation issues, and he also rejected
this case. The reason is that the Ombudsman
cannot question witnesses, and it would therefore be difficult for him to come to a decision as
to any liability for compensation.
The Ombudsman’s case processing is usually
based on written material from citizens and
authorities.
Case No. 14/01717
A citizen was dissatisfied because the municipality had given its consent to the discharge of surface water from a rainwater basin into a stream
close by his home. He complained to the Environmental Board of Appeal about the decision
and that he had not been consulted as a party to
the case. The complainant paid a complaint fee
of DKK 500 which would be refunded if his complaint proved to be justified.
The Board decided that the citizen’s complaint
was not justified, but that it was correct that
he should have been consulted as a party to the
case. The citizen now lodged a complaint with
the Ombudsman and questioned the complaint
fee too: ‘Since the decision was partly in favour
of my complaint that I should have been consulted as party to the case, I feel that I should receive a refund of my 500 DKK’, he wrote.
The Ombudsman was unable to assist the citizen with the complaint regarding the decision as
such, but he asked the Board to clarify the question about the complaint fee to the citizen. The
Board replied that there had been a mistake and
that the money would be refunded.
It is free of charge to lodge a complaint with
the Ombudsman, and everybody can complain.
In 2014, the Ombudsman opened 4,675 cases
based on received complaints.
A father was angry because his ex-wife had taken
their children out of their private independent
school and now wished to enrol them in a local
municipal school. He said so when the local municipal school sent him a consultation note on the
change of school. For the sake of the children,
the headmaster suggested that the children
continued to attend the private independent
school, but the mother rejected the suggestion.
The solution to the matter was that the children
were enrolled in the local municipal school.
The father pointed out that parents must agree
on essential decisions in regard to their children
when they have joint custody. However, the authorities informed him that since the children
were entitled to schooling under the authority of
the Folkeskole Act (the municipal school Act), it
was in accordance with the law to enrol them in
the local municipal school in the school district
where they lived if the parents could not agree
on a different solution.
It was the Ombudsman’s opinion that he could
not criticise the authorities’ decision, and he
therefore closed the case.
If the Ombudsman does not think there is a prospect that a complaint will give occasion for criticism or recommendation, he may close the case
without asking the authorities for a statement.
Case No. 14/00564
The Complaints Board for Veterinary Services
covered up the veterinarian’s mistakes, a dog
owner wrote to the Ombudsman when his complaint to the Board that his dog had not received
the right treatment was not upheld. This meant
that the dog owner could not get compensation.
The dog had sustained corrosive burns in its oesophagus after an operation where it had vomited during the anaesthetic. In the dog owner’s
opinion, the veterinarian surgeon should have
cleaned the dog’s throat during the operation,
but the Complaints Board did not agree that the
damage was due to a procedural error by the
veterinarian surgeon.
As the Complaints Board for Veterinary Services
is a private board and not part of the public administration, the Ombudsman was unable to consider the complaint.
Normally, the Ombudsman only investigates
complaints about the public administration.
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