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The Ombudsman received three different
complaints about the Appointed Building
Experts Disciplinary and Complaints Tribunal.
The Tribunal was established by statute on
1 January 2011 and the Ombudsman had not
previously considered whether it was within
his jurisdiction. After reviewing the Tribunal’s
tasks and composition and the rules for its
case processing, he regarded it as a dispute
tribunal, which meant that he could not con
sider the complaints.
The Ombudsman cannot consider complaints
about so-called dispute tribunals, which settle
disagreements between private citizens, if they
process cases in a court-like manner. This follows
from section 7(3) of the Ombudsman Act.
A woman wrote to the Ombudsman because
she felt badly treated by a removal firm, an
insurance company and her lawyer. She could
not afford a court case and asked for help to
claim compensation.
The Ombudsman wrote to the woman that he
was unable to help her as the subjects of her
complaint were not part of the public admin
istration. He added that she might contact the
Consumer Complaints Board, the Insurance
Complaints Board and the Disciplinary Board of
the Danish Bar and Law Society.
The Ombudsman also described the possibil
ities of applying for legal aid for a court case.
Pursuant to the Ombudsman Act, the Ombuds
man considers complaints about the public
administration, but not complaints about private
individuals or organisations.
A 15-year-old Sri Lankan girl applied for a
residence permit to live with her mother, who
had moved to Denmark some years earlier, but
her application was rejected. The authorities
attached importance to the facts that the girl
was born and grew up in her native country
and had lived for much of her life with her
grandmother there. She had also attended
school in Sri Lanka and spoke the language. The
authorities furthermore attached importance
to the fact that the mother had herself chosen
to move to Denmark, leaving the girl behind,
and that the girl’s father, grandmother and
step-siblings all lived in her native country.
The Ombudsman received a complaint about
the rejection from a legal aid bureau. He asked
the Ministry of Justice to explain the case in the
light of a specific case which had been considered by the UN Human Rights Committee and
the possible significance of a specific judgment
by the European Court of Human Rights.
The Ministry responded and the Ombudsman
considered the case on the basis of the relevant
international rules. He then wrote to the legal
aid bureau that he found no grounds for criti
cising the authorities.
When considering cases, the Ombudsman in
cludes relevant international rules and practice.
In family reunification cases, he considers,
among other things, Article 8 of the European
Human Rights Convention concerning the right
to respect for private and family life and deci
sions by the European Court of Human Rights.
In child cases, he also considers the rules in the
UN Convention on the Rights of the Child.
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