12
annual report 2012
At the Ombudsman institution, we use as our gauge that a case must be significant for us to take it up. This expression is easily misunderstood, for to the
individual complainant any case will of course be significant. However, by a significant case we basically mean that an individual may genuinely have become
caught in the system or that the case raises some general and fundamental issues
which need to be clarified.
On the basis of this criterion, we reject various types of complaints. They include,
for instance, cases involving minor processing errors, cases where the complaint
has already largely been redressed and cases where a preliminary assessment
shows that the Ombudsman is ultimately unlikely to be able to help the complainant achieve the desired result. In short, we ask ourselves: What can the
Ombudsman achieve by taking up this case for investigation?
As a result we reject a significant proportion of the complaints which we receive.
However, we do so in order to have sufficient resources to consider the really
important cases and also in order not to mislead the complainant in cases where
– after thorough consideration – we do not believe that we will ultimately be
able to give any real help. In such cases, we find it better to reject the complainant
relatively quickly rather than raise false hopes. And of course we will always
consider cases which may involve real and significant violations of justice
(provided the complaints cannot be considered by other authorities first).
It is therefore important not to judge us by how many cases we consider, but
whether we consider the right cases and get the right results. In this connection,
we have intensified our news communication at www.ombudsmanden.dk and in
our newsletters in order to give the public a better opportunity to be updated on
cases of interest and thereby to assess the value of our activities.
More focus on own-initiative cases
Pursuant to section 17 of the Ombudsman Act, the Ombudsman has the
authority not only to process complaints, but also to take up cases on his own
initiative.
This is a very important power. Thus, quite a few people are not realistically able
to lodge a complaint with the Ombudsman, but we may, for instance, become
aware of their cases through the media. In addition, specific complaint cases
may suggest the possibility of more systemic issues which should be brought up
with the authorities. Finally, there is hardly any doubt that the possibility that
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