APPENDIX B: SUMMARIES OF SELECTED CASES
2012-19. Decision-making authority in cases concerning
access to children placed in care
On the basis of a specific case concerning parents’ and grandparents’ access to a
girl placed in care, the Ombudsman opened an own-initiative case.
The own-initiative case concerned the question of who – local authority officials
or the local authority’s committee for children and young people – has the
authority pursuant to the Social Services Act to make decisions in the various
types of cases involving access to children placed in care.
The Ombudsman stated that the conclusive factor when determining whether it
is local authority officials or the committee for children and young people that
has the authority to make decisions pursuant to section 71(1)-(3) of the Social
Services Act is not the category of persons who the decision concerns but how
intrusive the decision is.
For instance, decisions to limit access to less than once a month and decisions
for access to be supervised must be made by the committee for children and
young people, regardless of whether the decision is aimed at the child’s parents
or other persons in the child’s network. Less intrusive decisions on access must
be made by local authority officials.
2012-25. Chairman of Regional Council’s call for internal
cooperation in newspaper article did not infringe on
employees’ freedom of expression
A trades union complained to the Ombudsman about a Regional Council
Chairman’s remarks to a local newspaper. The Chairman’s remarks appeared in
the same article as a statement from a hospital staff representative concerning
the influence of staff quotas on the hospital’s placement in the national mortality statistics. The Regional Council Chairman was quoted as saying: ‘Staff and
politicians have a joint responsibility here, and I strongly urge that we cooperate
on reducing those mortality figures instead of discussing them in the press’.
In the Ombudsman’s estimation, a full Ombudsman investigation was not
likely to result in any criticism of the Regional Council Chairman’s remarks.
123
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents