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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents