42
annual report 2011
In addition, the authority must
–– confirm that the postal service has not returned the letter to the authority
and/or
–– check whether there were irregularities in postal deliveries in the relevant
area at the time of the dispatch.
Finally, the authority must
–– investigate when any other parties or authorities received their copies of the
letter.
In this way, it is possible to establish an assumption that the letter to the citizen
has also been handled correctly by both the authority and the postal service.
In the case concerning the senior citizen (Annual Report of the Parliamentary
Ombudsman, 2010, Case No. 2010 14-2), the Ombudsman found no grounds
for criticising that the Social Tribunal assumed that the letter had arrived the
day after it was dated, even though the senior citizen was able to produce several letters sent to him by authorities which had not been mailed the day they
were dated. The fact that he could refer to 15 newspaper articles and letters to
the editor concerning postal service errors did not help him either, as the local
authority had met the requirements for an authority’s production of evidence in
order for a letter to be regarded as having arrived on time.
Dispute ending up in court
The case of the sickness benefit recipient who failed to attend an information
meeting at the job centre because according to her own information she had not
received the letter summoning her to the meeting illustrates how difficult the
assessment of evidence can be in a specific case.
The Ombudsman criticised (Annual Report of the Parliamentary Ombudsman, 2011, Case No. 2011 1-4) that the Employment Appeals Board had not
requested further information about the local authority’s mail dispatch before
assessing whether the summons to the information meeting had arrived. However, this information was procured while the Ombudsman was processing the
case.
In addition, the Ombudsman questioned whether the local authority’s internal
mailing routines were as secure as they should be. His doubt arose for several
reasons:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents