32 |
Askø Ferry – substitute for the Fejø
ferry service on this particular day.
17/02086
18/03519
A police district had denied a journalist access to files in an in-house report on the work of the
local police and the country police in the police district. The report was based on, among other things,
interviews with staff. The police did not find that the
report held information about the factual basis of
the case. Normally, the authorities are required to
give access to such information.
He pointed out that he came under a special pro
vision, according to which dividend tax on shares
purchased prior to 1 January 1996 was not taxable.
The Ombudsman did not agree with the police in
their assessment. In the Ombudsman’s opinion,
both strictly factual information as well as summaries of the staff’s statements had to be disclosed.
Because the dividend tax in actual fact was founded
in an extraordinary distribution, the Ombudsman
did not see any prospect of being able to help the
man arrive at another outcome in the case.
The Ombudsman recommended that a new decision be made in the case. The police subsequently
granted access to the report in its entirety.
If the Ombudsman does not find that he is able
to help with a complaint, he can decide to
conclude the case by making a brief statement
of his grounds to the citizen. In 2018, the Om
budsman concluded 574 cases in this manner.
The Ombudsman regularly notes that docu
ments to which an authority has denied access
contain information about the factual basis
of a case – information subject to extraction
which normally has to be disclosed.
18/05030
In November, one of the Ombudsman’s staff
members participated in the police deportation of
two men, aged 26 and 69 respectively, to Afghanistan. The staff member was there when the police
collected the 69-year-old from an immigration detention centre. At the airport, the group met up with
the 26-year-old, who had been collected from a different immigration detention centre, and the police
officers who escorted him. The Ombudsman’s staff
member monitored the deportation, which passed
off peacefully, and at arrival in Afghanistan, Afghan
authorities received the men. The Ombudsman’s
staff member subsequently took the next plane
back to Denmark.
The Ombudsman monitors forced deportations
carried out by the police. Therefore, one of the
Ombudsman’s staff members was present at
seven forced deportations during 2018. Four
of the deportations were completed, and three
were aborted.
‘I feel thoroughly bullied by the Customs
and Tax Administration’, a man wrote in his complaint to the Ombudsman about having to pay
dividend tax on some shares.
18/00882
A boy did not go with his preschool classmates on a trip to the theatre because he had been
angry and loud earlier in the day when the class
was on their break. The teacher decided that it was
for the best that the boy had lessons at the school
instead of going on the trip. The boy’s father complained to the Ombudsman.
The Ombudsman stressed that the school had
weighed the boy’s behaviour against consideration
of the other pupils. The Ombudsman did not find
that he could assess the facts and particulars in
another and better way than the school. Therefore,
he wrote to the boy’s father that he did not take any
further action in the case.
The Ombudsman is a law graduate and deals
especially with legal matters. Therefore, he
does not usually have the expert knowledge to
investigate the discretion within rule made by
the authorities.
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