63 A local authority’s provision of assistance to a disabled woman in the form of, among other things, someone to accompany her was discontinued because the local authority could not find staff to carry out the work. The Social Tribunal rejected the woman’s appeal on the grounds that the local authority had not made a decision to provide no further assistance to the woman – it was merely not practically possible. As the Social Tribunal can only consider appeals against decisions, it was unable to take up the case. The Ombudsman, however, found that the local authority’s notification that the assistance would be discontinued must be regarded as a decision. When the Ombudsman closed the case, the assistance to the woman had been resumed and he therefore did not ask the Social Tribunal to reconsider the case. When the Ombudsman receives a complaint, it is often important to determine at an early stage whether a ‘decision’ within the meaning of the Public Administration Act has been made. If that is the case, the citizen is covered by a number of legal protection guarantees. A motorist bought a parking ticket, but when the local authority parking warden later checked the car, the ticket had slipped down from the windscreen and was no longer visible. The motorist therefore received a parking fine. The motorist appealed the fine and especially the decision that he could not deduct the amount which he could document having paid for his parking ticket. The Ombudsman rejected the case as there was no prospect of his being able to criticise the local ­authority’s decisions, including its rejection of the motorist’s deduction request. The Ombudsman ‘prospect rejects’ a complaint if he can tell in advance that there is no likelihood of his being able to help the complainant in the case. The Department of Family Affairs (now the Division of Family Affairs at the National Social Appeals Board) had decided that a woman had to send the father of her daughter a photograph of their daughter. The father of the child now wanted the Ombudsman’s help to get the mother to provide the photograph. The Ombudsman was not able to help himself, but he forwarded the man’s complaint to the Department of Family Affairs so that it could give the father guidance on how he might compel the woman to provide the photograph. Parents with shared custody who want to change the terms of contact can approach the Regional State Administration, then appeal to the National Social Appeals Board and finally lodge a complaint with the Ombudsman.

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