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A parking attendant was dismissed without notice because she
had visited an amusement arcade dressed in uniform during
working hours. The local authority (her employer) informed
the Ombudsman that the parking attendant had previously
been informed that she was contravening the local authority’s
employee policy by visiting the amusement arcade in uniform.
The parking attendant denied previously having received
information and guidance of this nature from the local authority.
The Ombudsman was unable to resolve the disagreement of the
two parties as it involved conflicting claims. In other words, he
could not disprove that the parking attendant had been told that
she would be dismissed if she visited the amusement arcade in
uniform. He therefore could not criticise the local authority’s
dismissal of the parking attendant. The case did not offer the
Ombudsman grounds for considering whether the local authority
should have taken notes of the content of its conversations with
the woman about the consequences of visiting the amusement
arcade in uniform.
As a starting point, the Ombudsman considers cases on a written
basis. He is unable to examine witnesses or in other ways assess
the evidence in a case.
The chairman of a local
tenants’ association lodged
a complaint about a mayor’s
refusal to meet with him,
referring him instead to the
relevant part of the adminis
tration. The Ombudsman
assessed that it does not
follow from good adminis
trative practice that a citizen
is generally entitled to a
meeting with a particular
person in the public adminis
tration – in this case the
mayor.
The Ombudsman not only
assesses cases on the
basis of written rules of
law. He also considers
whether the authorities
have followed the guidelines
implied by good adminis
trative practice. These are
unwritten principles laying
down ‘softer’ requirements
in relation to the authorities’
treatment of citizens.
These non-statutory prin
ciples have primarily been
developed through the
Ombudsman’s practice.
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