APPENDIX B: SUMMARIES OF SELECTED CASES The Ombudsman agreed with the authorities that the filing error was regrettable and that it was very regrettable that the error was not discovered during the subsequent processing of the wrong case. In addition, the Ombudsman pointed out that it was very unfortunate that the National Board of Industrial Injuries and the National Social Appeals Board made details of the appeal available to a third party during their processing of the wrong case. Finally, the Ombudsman found it very unfortunate that the processing of the appeal was delayed for almost a year as a result of the error committed. 2012-7. Guidelines for the work of local authority medical consultants The Ombudsman and the Ministry of Social Affairs and Integration agreed that the Ministry could not – unless expressly authorised by statute – lay down legally binding guidelines on the nature of the work which local authority medical consultants were permitted to do. It was the individual local council which had the power to determine the nature of the work to be done by medical consultants and to direct how their work was to be done, in the same way as for other administrative staff employed by local authorities. 2012-8. Not adequate evidence in case concerning possible social benefit fraud A local authority received an anonymous tip-off that a woman who received various social benefits as ‘genuinely single’ was in a marriage-like relationship. The local authority summoned the woman to a meeting ‘concerning the social benefits which you receive and have applied for’. At the meeting the woman was informed of the anonymous tip-off and its contents and was asked for details of her situation. After investigating the matter further, the local authority held another meeting with the woman, which was referred to as a ‘consultation of the woman as a party to the case’. The local authority subsequently made a decision that the woman was not entitled to various social benefits and that she had to repay benefits which she had already received. 115

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