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annual report 2011
ity. The Ombudsman also commented in general terms on what information
the local authority must provide in order to discharge the burden of proof that a
letter has reached the addressee.
Stopping payments of sickness benefit and thereby depriving a citizen’s of
his or her subsistence basis is an unusually intrusive decision. The Ombudsman assessed that this factor could play a role in the courts’ assessment of the
evidential certainty which must be present that a letter has been sent and has
reached the addressee.
Errors and inaccuracies had occurred in the local authority’s (the job centre’s)
mail dispatch, both in this particular case and apparently also in other cases.
Consequently, the Ombudsman found that the dispatch of mail by the local
authority (the job centre) was subject to a not insignificant level of uncertainty,
which weakened the presumption that the summons to the meeting had been
correctly sent and had reached the woman. For this reason the Ombudsman
found it inadvisable to assume that the summons had been posted correctly.
On the basis of the Ombudsman’s statement, the Employment Appeals Board
reopened the case but upheld its decision. The Ombudsman recommended to
the Civil Affairs Agency that the woman be granted fee legal aid.
(Case No. 2008-4469-025)
b. Ministry of business and growth
No cases concluded in 2011 were selected for publication in the Annual Report.
c. Ministry of finance
No cases concluded in 2011 were selected for publication in the Annual Report.
D. Ministry of defence
No cases concluded in 2011 were selected for publication in the Annual Report.
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