appendix d: summaries of selected cases
The Ombudsman recommended that the local authority consider setting targets
for its case processing times and monitor observance of the targets.
(Case No. 2011-3023-5001)
20-9. Situation of other family members must be included
when day care places are allocated
As an own-initiative case, the Ombudsman investigated whether it was legal
that a local authority had declined, pursuant to its own guidelines and practice, to include information about the situation of other family members when
deciding which day care place to offer the individual child.
The background to the own-initiative case was a complaint to the Ombudsman
from two parents. The Ombudsman could not help the parents because there
were no available places at their desired kindergarten. However, the Ombudsman became aware that the local authority would only include information
about the child in question in its decision and had declined to include information about the special circumstances of others in the child’s family.
The local authority denied that it generally refused to include certain information, such as special circumstances of other family members. However, in the
local authority’s opinion, a condition for including such information was that it
resulted in a special social or educational need for the child in question.
In the opinion of the Ministry of Social Affairs, the local authority’s individual
assessment could not be limited to the child’s circumstances but must also include special family circumstances which impacted on the child.
The Ombudsman agreed with the Ministry’s conception of the law. The local
authority could not refuse to include information about special circumstances of
others in the family.
The Ombudsman stated that it was regrettable that neither the local authority’s
nor the Ministry’s conception of the law was reflected in the information on
childcare posted on the local authority’s website.
The Ombudsman recommended that the local authority consider how to include in its information on childcare the fact that special family circumstances
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