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.
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