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Inge Birgitte Møberg
Deputy Head of Division
Lisbeth Adserballe
Head of Division
If a public authority itself becomes aware of an error, even
before the Ombudsman has finished his investigation, both the
Ombudsman and the authority can save resources. This will also
provide quicker help to the citizen. Therefore, the Ombudsman
always tries to ‘put the authority on the right track’.
Over recent years, we have in the Ombudsman
institution had an increasing focus on asking
clearly defined and precise questions of the authorities when asking for statements on cases
– in order to clarify the real problem in the case.
Experience shows that if an authority is helped
along via such questions and acknowledges an
error, then the authority is often itself interested
in correcting the error immediately and thereby
resolving the case.
This happened for instance in a case where
a younger couple had built a noise-reducing
fence facing a road (Case No. 17/03349). According to the authorities, the fence was much
too high because an extra layer of earth had
allegedly been placed there prior to the fence
being built. The couple was therefore ordered
to pull down the fence. Conversely, the couple
explained that they had not placed any earth
there but just levelled the existing ground prior
to the fence being built.
We therefore specifically asked the authorities
how they knew that an extra layer of earth had
been placed there. When we asked for statements on the matter, we pointed out that, as the
fence was only 1.8 metres high, 90 centimetres
of earth would have had to be placed along the
whole stretch of the fence for the authorities’
figures to be correct. Our points caused the
appeal board to revoke the order to pull down
the fence, as it was not possible to establish
how much extra earth had been added. The
noise-reducing fence, that had cost 250,000
DKK, could therefore remain in place.
Every 10th investigation stops after
our first enquiry for a statement
The example with the noise-reducing fence
does not stand alone. An analysis shows that
the Ombudsman, on average, annually closes
down about 25 cases after our first enquiry for
a statement because the authority decides to
reopen the case. Maybe 25 cases do not sound
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