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A fitter was absent from work due to a bad back and received sickness benefit. He was dismissed,
and some four months later the local authority discontinued his sickness benefit on the grounds that
he was no longer ‘fully unfit for work’. However, in his union’s opinion, he was unable to work as a fitter
due to his bad back. The union therefore lodged a complaint with the Ombudsman.
The Ombudsman forwarded the complaint to the Employment Appeals Board, as he wanted to establish
whether sufficient evidence had been obtained in the case for a decision to discontinue sickness
benefit to be made. The reason for the Ombudsman’s doubts was that while processing the case, the
Ombudsman had become aware that the local authority – when assessing whether the man was able
to work – had obtained information about the job of fitter by calling the student guidance office at a
technical high school.
The Board decided to reopen the case and concluded that there was not sufficient evidence to make
the decision. The local authority should, for instance, also have consulted the man’s own doctor.
The Ombudsman does not have medical or social service expertise and therefore cannot assess
whether a man is unfit for work or not. On the other hand, he can establish whether sufficient
evidence has been obtained in a case, i.e. whether it has been adequately investigated.
A married couple lodged a complaint with the
Ombudsman about decisions made by the
Patient Insurance Association and the Patients’
Complaints Board of Appeal. Even though
these are health bodies, the Ombudsman does
not consider complaints about their decisions
because the Patient Insurance Association is a
private association and not part of the public
administration, while the Patients’ C
omplaints
Board of Appeal is a court-like body and there
fore also outside the Ombudsman’s jurisdiction.
A man who fled from Iran to Denmark in the
1980s wanted a visit from his sister in Iran. He
therefore applied for a tourist visa for Denmark
for her. However, the Danish authorities turned
down the application, among other reasons
because the man’s sister did not fall within
the right ‘category of persons’ and because
in their opinion the man could visit his sister
himself in Iran or meet up with her in another
country. The man was disappointed, but the
Ombudsman could not help him as the Ministry
of Integration had followed an established,
lawful practice.
The Ombudsman’s task is to investigate
whether the authorities comply with
statutory rules and regulations. He cannot
change existing rules, even if citizens find
them unreasonable.
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