WHEN SCHOOLS HAVE TO BE LEGAL EAGLES
The Ombudsman criticised the errors which the school had made in the process
but not the actual decision to transfer the boy to another school.
PUNCHING A TEACHER LED TO ONE-ON-ONE SCHOOLING
In a third case, a boy in preschool found the transition from kindergarten to
school and after-school care facility difficult. The boy was ‘overly challenged in
the school environment’ and was involved in several incidents where he reacted
violently. At one time, he punched a teacher in the stomach, and this made the
school headmaster monitor the boy’s schooling. Afterwards, the school decided
that the boy would receive individual tuition (one-on-one schooling) until there
was an opening at a special needs school.
The Ombudsman found the decision to be of such a far-reaching nature that
it was a decision within the meaning of the Public Administration Act. And
therefore, the school ought to have consulted the parties first and then given
the reasons for its decision. The Ombudsman also stated that the school should
have been more careful to record in writing conversations and meetings about
the boy (the duty to take notes pursuant to the Access to Public Administration
Files Act).
As in the other two cases, the Ombudsman could not criticise the results of the
case.
In continuation of the three cases, one might ask if the schools’ errors were not
simply unimportant details, especially since the Ombudsman could not criticise
the decisions? The short answer is no: Although there were no grounds for
criticising the actual decision in the three specific cases, generally speaking the
basic provisions within administrative law enable authorities to make correct
and lawful decisions. Besides, a proper process also ensures that the citizens
understand to a larger extent the contents of and the background for decisions –
even if the decisions go against them.
THE ART OF DETERMINING WHEN YOU ARE MAKING A DECISION
WITHIN THE MEANING OF THE PUBLIC ADMINISTRATION ACT
In the three cases, the schools most likely did not realise that – by implementing rather far-reaching measures – they had made decisions within the meaning
of the Public Administration Act. There are probably several reasons for this.
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