108 | Case No. 19/02359 ‘Our child has ended up stuck between his school’s recommendation that he repeat his classes one year – which we agree to – and the municipality’s assessment that he has no need for that.’ This was the essence of a complaint from the parents of a boy who, according to the rules about open enrolment, went to a special needs school in another municipality than the one where the family was living. Case Nos. 19/01514 and 19/02747 ‘Can it be right that part of your accrued holiday pay is frozen at the introduction of a new holiday act and not paid out till you drop out of the labour market?’ A citizen wanted the Ombudsman’s reply to this question. The Ministry also wrote that ‘question and answer information’ would be posted on the Ministry’s website in order to provide more transparency about the rules, for the benefit of pupils, parents, schools and municipalities. The Ombudsman assesses if the authorities observe the Acts passed by Parliament. The Ombudsman does not consider whether legislation should be changed. When the Ombudsman considers a complaint from an individual citizen, this may end up making a difference to several citizens in the same situation. Case No. 19/02087 some CASES The Ombudsman forwarded the complaint to the then Ministry of Education as he found that the Ministry ought to be given the opportunity – on a general level – to consider who should decide if the boy had to repeat his classes one year. The Ministry wrote to the parents how the rules were to be understood in general. The Ministry wrote that it is the head of the school where the child is enrolled who decides the class grading, meaning that it is not the municipality. In his reply, the Ombudsman wrote that he was not able to help. The reason was that the rules on the freezing of accrued holiday pay follow directly from an Act passed by Parliament. A woman complained to the Ombudsman that a municipality without prior agreement had cut down trees on her plot of land to gain access to a nearby stream. It did not appear from the complaint that the woman had made an enquiry to the municipality. Therefore, the Ombudsman asked her to do so first. The Ombudsman does not normally consider complaints which the relevant authority has not had an opportunity to consider.