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A 14-year-old girl was at home alone when a
local authority employee rang the doorbell and
asked to inspect the flat as the neighbour had
complained about noise. The girl let the man
in as he appeared to be a person of authority.
Her parents lodged a complaint with the Om
budsman because the local authority had not
explained the background of the unannounced
inspection to them. The Ombudsman forwarded
the complaint to the Regional State Administra
tion’s unit supervising local authorities with a
comment that the case might be covered by the
Act on Legal Protection in Connection with the
Administration’s Use of Compulsory Intervention
and Duties of Disclosure. The Act includes rules
concerning the authorities’ obligation to give
prior notice of intrusive measures, such as
house inspections.
If a case falls within the jurisdiction of a super
visory authority, the Ombudsman will often
forward the case to the authority even if he is
not precluded from considering it. In this con
nection, he may draw the authority’s attention
to specific issues in the case.
A newspaper published an article about a
dyslexic man who had had difficulty passing a
test he had to take to qualify as a taxi driver.
According to the article, the Taxi Board had
refused to allow the man to take the test
on special terms which took account of his
dyslexia. The Ombudsman took up the case
on his own initiative and asked the Board
for information about its deliberations. The
Board stated that in future dispensation can
be granted in relation to the time and tools
used for the test if, for instance, the candidate
suffers from dyslexia. The Ombudsman then
closed the case.
If the Ombudsman becomes aware, for
instance through media coverage, of a case
which he believes offers grounds for investi
gation, he does not have to wait for a possible
complaint from one of the parties to the case.
He can take up the case on his own initiative,
typically by asking the authority involved for an
explanation or for the files of the case.
The Ombudsman received a complaint from a
couple who were dissatisfied that the birth of
twins did not entitle them to longer maternity/
paternity leave. He was unable to help them in
the case as the rules on maternity/paternity
leave in the legislation and the labour market
agreements do not allow for extended mater
nity/paternity leave in connection with the birth
of twins.
The Ombudsman’s task is to investigate whether
the authorities comply with the existing rules
and regulations. He cannot change legislation
passed by the Danish Parliament, even if some
citizens find it wrong or unreasonable. He also
does not consider issues which are covered by
an agreement between two equal parties, such
as agreements made by two labour market
parties.
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