appendix d: summaries of selected cases
In addition, the Ombudsman notified Parliament’s Legal Affairs Committee
of the case, as the Ombudsman found the practice of the National Board of
Patients Complaints to constitute an error or a dereliction of major importance.
(Case No. 2008-2276-420)
5. Ministry of Justice
No cases concluded in 2010 were selected for publication in the Annual Report.
6. Ministry of Ecclesiastical Affairs
The following case concluded in 2010 was selected for publication in the Annual
Report:
1. D
ismissal of vicar. Section 43 of the Civil Service Act.
The Ministry of Ecclesiastical Affairs (the Ministry) dismissed a vicar with
reference to a deep-seated disagreement persisting for a period of years between
the vicar and the parishioners which presented a considerable hindrance to the
welfare of church activities in the parish.
After studying in detail the conditions laid down in section 43 of the Civil Service Act, the Ombudsman stated that in his opinion the Ministry did not have
sufficient grounds for dismissing the vicar pursuant to this provision.
The Ombudsman recommended that the Ministry reopen the case and make a
new decision in the light of the recommendations he had made in his statement,
including that the Ministry obtain certain additional information, that the
Ministry seek to shed light on the doubt that had arisen concerning some
of the circumstances of the case and that the Ministry consider the impact of
the intervening parish council election.
In addition, the Ombudsman hesitated to consider such a brief period as 20
months to fulfil the provision’s condition that the disagreement was to have
persisted for a period of years.
The Ombudsman received a copy of the Ministry’s letter of 7 February 2011 to
the vicar. It appeared from the letter that the Ministry would not reconsider the
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