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Case No. 14/03892
A journalist complained to the Ombudsman about
a partial refusal to access from the Fund for Better Working Environment and Labour Retention.
The Fund refused access to some e-mails because they were part of the ministerial advice
and assistance between the department and
the subordinate authority (the Fund) and therefore could be exempted in accordance with the
so-called regulation on ministerial advice and assistance in the Public Administration Files Act.
When the journalist asked for complaint guidelines, the Fund at first wrote to him that he could
complain to the Ministry of Employment but retracted that later on the grounds that the Fund
was an independent body.
In a hearing, the Ombudsman asked why the Fund
had refused access to information pursuant to
the regulation on ministerial advice and assistance about correspondence with a subordinate
authority when the Fund at the same time claimed
to be an independent body. By telephone, the Fund
replied that they had decided to reopen the case.
The result of the case was that the journalist
was given full access to information.
When the Ombudsman wishes to investigate
a complaint further, he sends a hearing to the
authority in question – typically including specific questions. In some cases, the Ombudsman’s questions make the authority reprocess
the case. This happened 30 times in 2014.
Case No. 14/02536
The risk of serious plane crashes due to collisions
with barnacle geese and other large birds prompted a concerned citizen to complain to the Ombudsman. In the citizen’s opinion, the reaction of
the authorities to the problem was irresponsible
and their assessment of the risk was totally wrong.
The citizen had previously been in contact with
several authorities, among others the Danish
Transport Authority. The Ombudsman thought
that the Danish Transport Authority was better
equipped to consider the issue of air travel safety
and consequently decided that he would not investigate the case.
The Ombudsman himself decides whether a complaint offers sufficient grounds for investigation.
Case No. 14/03648
A citizen could not obtain his blue National Health
Service medical card because he refused to set
up NemId (the single login for public websites
and services). In the municipality’s assessment,
he was able to use the digital self-service solution and therefore was also obligated to do so. It
was not a reason for exemption that the citizen
on grounds of principle did not wish to use NemId.
The Ombudsman could not criticise the municipality’s demand that the citizen apply digitally.
The demand is warranted in the Danish Health
Act: Only citizens whom the municipality assesses
to be unable to use the digital self-service solution can be exempted from using it.
The Ombudsman often processes cases involving administrative law requirements to IT solutions in the public sector. The experience in this
field is summed up in a memo on www.ombudsmanden.dk and updated regularly.
Case No. 14/00521
The owner of two small dogs got angry when a
dog trainer’s big Rottweiler savaged her dogs.
The police did not help the matter when they decided that the Rottweiler did not have to be put
down. She complained to the National Police but
her complaint was turned down because she was
not a party to the case. The dog owner did not
understand this and she then complained to the
Ombudsman, who asked the National Police to
take a position on the complaint.
The National Police answered the dog owner
that even though she was obviously interested
in what happened to the Rottweiler, she was not
a party to the case in a legal sense. That would
require her having a significant and individual interest in the result of the case. The National Police did not believe this to be the case: Whatever
happened to the Rottweiler had no greater impact on her situation than on any other citizen’s
situation.
Even if the Ombudsman does not investigate a
case further as such, he may still be able to help
the citizen get a more specific explanation of the
authorities’ decisions.
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