4.
Payment of support to a toddler staying at home in Rae rural municipality
Case No 7-5/130127
The Chancellor was contacted by a petitioner to whom Rae rural municipality government had
refused to pay 120 euros of support for a toddler staying at home, as the petitioner had not
paid 2 euros and 50 cents for the study journal of the family’s child who was attending school.
The debt had been incurred because the offer for the sale of the pupil’s study journal had been
addressed to the mother while the invoice was sent to the father’s e-mail address which he no
longer used.
PART II
PART III
In conclusion, the Chancellor reached the opinion that the 20-hour weekly load of pupils engaged
in education for children with severe and profound intellectual disability applicable throughout
the basic school level is compatible with the fundamental right to equality established under
the Constitution.
PART IV
As a result of the analysis, the Chancellor reached the conclusion that the aim of different
treatment of pupils engaged in education for children with severe and profound intellectual
disability in comparison with other basic school pupils is to ensure a weekly load taking into
account their potential to participate in learning, and the additional aim is the state’s wish to
make an optimal and effective use of both the money and people (special education teachers).
In assessing the constitutionality of the different treatment, the Chancellor found that the
weekly load of pupils engaged in education for children with severe and profound intellectual
disability which stays on the level for children in the first grade (i.e. children 7–8 years old) does
not constitute a serious interference with the fundamental right to equality of such pupils. The
seriousness of the interference is also diminished by the obligation under the Act to adjust
the instruction according to a child’s individual potential and the possibility of pupils in such
education to study for a total of 12 years at the basic school.
PART I
CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN
In the petitioned matter, the Chancellor established that Rae rural municipality government had
failed to comply with the principle of guaranteeing fundamental rights and freedoms in four
aspects.
First, contrary to the Administrative Procedure Act the municipality had failed to notify the
petitioner of the administrative proceedings initiated against them and did not give the petitioner a
possibility to submit their opinion and objections within the administrative proceedings. According
to the explanations by the municipality, the petitioner had not been heard because at the time
of making the order to stop the payment of the support they were indebted to the municipality.
Another reason given by the rural municipality was that the municipality’s legal act establishing
the payment of the support is available for everyone, persons themselves can examine it and find
out the consequences of indebtedness to the municipality or any of its subdivisions.
Second, contrary to the Administrative Procedure Act the municipality failed to make use of its
discretion when making the decision to stop the payment of the support. In issuing the order
to stop the payment of the support the municipality relied on the provision of the underlying
regulation according to which discretion should have been used when deciding to stop the
payment of the support.
Third, the decision to stop the payment of the support for the toddler staying at home was
disproportionate. In accordance with the principle of proportionality, an administrative body
may restrict a person’s rights or cause them other burdensome consequences only if this is
indispensable. Contrary to the principle first to choose the means which are least burdensome
for the person while still equally effective for achieving the desired aim, Rae rural municipality
chose a measure having significantly negative consequences for the petitioner. In addition to
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