Anna-Marie Christiansen Swimming instructor City of Copenhagen Tingbjerg public swimming baths 118 CASE NOS. 17/01504 AND 17/02526 CASE NO. 17/03826 An aviation medical examiner demanded that a glider pilot undergo more detailed medical examinations before he could get his licence renewed. The pilot was dissatisfied but the Ombudsman rejected the man’s complaint because aviation medical examiners are private practice doctors who do not fall under the Ombudsman’s jurisdiction. This applies even though the aviation medical examiners receive their author­ isation from the Danish Transport, Construction and Housing Authority and use the Authority’s forms for the medical examinations. What do municipalities spend the inclusion funds for schools on? A journalist asked Local Government Denmark (KL) to grant access to information on this question. However, the information that the journal­ ist wanted could only be produced as an extract of data, and the rules in the Access to Public Adminis­ tration Files Act on the right to extracts of data do not apply to Local Government Denmark. The journalist was therefore denied access. Normally, the Ombudsman cannot investigate com­ plaints about the activities of a private person or private enterprise but only about the public admin­ istration. This also applies in cases where the pri­ vate enterprise has an authorisation from a public authority and performs tasks which are regulated by the public sector. CASE NO. 17/01341 When do you have such a ‘particularly strong’ con­ nection with Denmark that you can buy a holiday house here? A woman from Vietnam lived in Denmark and was undergoing vocational training, among other things. That was not enough, said the Ministry of Jus­ tice. Consequently, the woman was refused permis­ sion to buy a holiday house in Denmark. The woman complained to the Ombudsman. She wrote, among other things, that she was married to a Dane and that she had already received a job offer. She was, in addition, going to apply for a permanent residence permit in Denmark. The Ombudsman sent the complaint on to the Ministry of Justice. The Ministry of Justice wrote to the woman that based on the new information she now met the con­ ditions for buying a holiday home in Denmark. She no longer needed the Ministry’s permission. If a complaint to the Ombudsman contains new in­ formation about a case, the Ombudsman will most often send it to the authority so that the authority can consider the case again. The Ombudsman could not help the journalist because Local Government Denmark only falls within the Om­ budsman’s jurisdiction to the same extent as Local Government Denmark is subject to the Access to Pub­ lic Administration Files Act. The Ombuds­man there­ fore had to decline to investigate the complaint. The Ombudsman can decide that his jurisdiction is to extend to a private enterprise, association or the like to the extent it is subject to the rules of the Ac­ cess to Public Administration Files Act. He has done so in connection with Local Government Denmark and Danish Regions, among others. CASE NO. 17/00780 During a monitoring visit to an asylum centre for un­ accompanied underage asylum seekers, the Ombuds­ man’s staff spoke with a boy who said that he was tired of life and did not wish to live any more. A few months before, the boy’s application for asylum had been refused, and he was now waiting for his asylum case to be considered by the appeal body. The Ombudsman’s visiting team informed the centre’s management that the boy was unhappy and urged the management to be mindful of the boy’s mental health. Annually, the Ombudsman’s Children’s Division pays 12 monitoring visits to institutions for children in or­ der to check that their rights are respected. All visits include both legal case officers and a special advisor on children’s issues, who has a special focus on children’s well-being.

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