84 | Annual Report 2018
and the Ombudsman agreed with the Ministry that the
two situations were also not to be treated identically
under the principle of administrative law on equality.
decision on repayment in the specific case had been
made on an inadequate basis because it had overlooked the accounts which the man had sent in.
The Ombudsman therefore could not criticise the
Ministry’s decision.
However, when changing its decision on repayment,
the Committee had not given the man an explanation
of the error or apologised for the course of events
resulting from the error. The Ombudsman agreed with
the Committee that it should have done so – especially
in the light of the amount which the man was originally
ordered to repay.
Ministry of Education
No statements on cases concluded in 2018 have been
published.
Ministry for Economic Affairs and the
Interior
The following statements on cases concluded in 2018
have been published:
2018-3. It is good administrative practice to explain
and apologise for a significant case processing error
to the citizen involved
A self-employed man, who owned several companies,
went out of business in 2009. He subsequently received unemployment benefit from 2009 until 2011.
However, the Employment Committee of the National
Social Appeals Board made a decision in 2015 that
the man was to repay DKK 466,090 of unemployment benefit before tax and interest because he had
not sold his holding company or changed its objects
clause to ‘asset administration’.
During the repayment case with the authorities, the
man pointed out that there had been no activity in
the holding company since 2009. As documentation,
he had sent in accounts and other documents. After
being contacted by the Ombudsman on the matter,
the Employment Committee changed its decision, and
the demand for repayment of unemployment benefit
was dropped.
The way in which the case had been handled by the
Committee caused the Ombudsman to ask the Committee supplementary questions on his own initiative
about its practice in cases of this type. In its statement
to the Ombudsman, the Committee explained that its
As the Employment Committee had subsequently explained and apologised for the error, the Ombudsman
took no further action on the matter.
2018-11. Processing time of State Supervisory Authority of Municipalities and Regions. Requirements
on content of updates
A man complained to the Ombudsman about the
processing time of the State Supervisory Authority
of Municipalities and Regions (which supervises municipalities’ and regions’ observance of the legislation
applying specifically to public authorities).
The Ombudsman stated that a processing time by the
Supervisory Authority of more than 26 months until
its decision not to open a case with the municipality
about which the man had complained was too long.
The processing time was far longer than the target average processing times for the Supervisory Authority
for 2015, 2016 and 2017.
The man was given five updates by the Supervisory
Authority while it was processing his case. Several of
these updates were given following a request from the
man for a reply to his complaint about the municipality. In the last two updates, the Supervisory Authority
stated that it was not possible to give details of when a
decision could be expected.
The Ombudsman stated that the Supervisory Authority should have sent updates to the man sooner than
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