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annual report 2011
The Ombudsman also made a more general statement on when in his opinion
authorities should include new legislation which has come into force after the
original decision was made − particularly in the social services domain.
(Case No. 2009-3497-050)
14-4. De facto stop for social services considered
a decision
A social tribunal refused to consider an appeal against a local authority’s de
facto discontinuing socioeducational support and attendance granted to a
citizen by the local authority. The reason why the services were discontinued
was, among other things, that the local authority could not find staff to carry
out the work. The local authority and the Social Tribunal considered the local authority’s notification to discontinue the services to be part of the local
authority’s actual administrative activity.
The Ombudsman stated that the local authority’s notification must be considered a decision, with the effect that the Social Tribunal was competent to
consider the appeal against the local authority’s de facto failure to provide the
services granted.
(Case No. 2010-4161-0311)
16-1. Adequate grounds not given for changed assess
ment of woman’s eligibility for extra cost subsidy
under section 100 of the Social Services Act
For two and a half years a relatively young woman had received a subsidy for
necessary extra costs incurred due to permanent impairment of her physical
function pursuant to section 100 of the Social Services Act. When the local
authority reassessed the woman’s subsidy, it changed its assessment of whether
she was eligible for an extra cost subsidy under section 100 of the Social Services Act. Thus, the woman was no longer entitled to a subsidy for necessary
extra costs.
The woman appealed the decision to the Social Tribunal, which agreed with
the local authority that the woman was not eligible for an extra cost subsidy
under section 100 of the Social Services Act.
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