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How much did the Ministry of Children
and Education demand for the sale of two
buildings in the town of Rønne? This was the
question asked by a journalist. However, the
Ministry refused his request for access to the
information, as negotiations about the sale of
the buildings were still ongoing. The journalist
then lodged a complaint with the Ombudsman,
who agreed with the Ministry that the public
authorities would not be able to negotiate
as an equal contract party if access to the
relevant documents was granted during the
negotiations.
The Ombudsman’s task is to investigate whether
the authorities comply with statutory rules
and regulations, but that does not mean that
he ‘supports’ the complainant. He must assess
all cases on a purely legal basis.
The Danish Committees on Scientific Dishonesty
(UVVU) refused a request of access to the
files of a case concerning a scientist on the
grounds that the case was still pending. The
Ombudsman had recently stated in a similar
case that the UVVU’s practice did not comply
with the Act on Public Access to Documents
on Public Files and had consequently asked
the UVVU to review its practice in this respect.
The Ombudsman therefore forwarded the new
case to the UVVU to give it the opportunity to
consider it in the light of his recent statement.
Even if the Ombudsman is able to consider
a case, he may choose to forward it to the
authority involved, for instance because he
believes the complainant’s problem will be
resolved most quickly in this way.
When a private shared road requires main
tenance, the local authority splits the cost
between the residents along the road.
However, a married couple disagreed with
the cost allocation and lodged a complaint
with the Ombudsman. The local authority
had followed the criteria laid down in the
Highway Contribution Act. The Ombudsman
therefore did not find that there were grounds
for criticising the local authority’s allocation
of costs. As he was unable to help the couple
with regard to the cost allocation, which was
the core of their complaint, he decided to take
no further action on the other aspects of their
complaint.
If the Ombudsman is unable to help with the
key issue of a complaint, he often chooses to
reject the other aspects of the complaint as
well.
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