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annual report 2012
What did we do in the cases?
We concluded 4,297 cases in 2012. Of these, 686 (16.0 per cent) were substantively investigated and 3,611 (84.0 per cent) were rejected.
Substantively investigated cases
As mentioned above, the category of substantively investigated cases includes
cases where the Ombudsman carries out an investigation in which he submits
the case to the relevant authority or authorities for consultation and concludes
the case with a statement. These cases may be complaint cases, monitoring cases
or cases initiated on the Ombudsman’s own initiative.
The category also includes cases subjected to what is referred to as a shortened
substantive investigation. These may be complaint cases where the Ombudsman assesses, after reviewing the information available in the case, that a full
substantive investigation of the case is unlikely to result in criticism of the
authorities or any other way of helping the complainant with the outcome of the
case. Therefore, the Ombudsman usually concludes these cases without obtaining statements from the authorities. Typically, the Ombudsman investigates
the complaint and the case in the same manner as in a full substantive investigation. Cases subjected to a shortened substantive investigation may also be
cases initiated by the Ombudsman on his own initiative where he questions the
authorities about certain matters and chooses on the basis of their replies not to
take any further steps in the case.
Cases subjected to a shortened substantive investigation are governed by section
16(2) and section 17(1) of the Ombudsman Act.
In 2012, 399 (58.2 per cent) of the cases subjected to a substantive investigation
were concluded after a shortened investigation as described above.
Occasionally, an authority will reopen a case as a result of the Ombudsman’s
request for a statement. This means that the authorities will reconsider the case,
and as they cannot therefore be said to have concluded it, the Ombudsman will
virtually always discontinue his investigation of the case. The authorities may
not change their original decision, but in practice, the effect is the same as if the
Ombudsman had recommended that the authorities reconsider the case.
In 2012, a total of 42 cases were concluded on this basis.
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