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When a motorist appealed
a parking fine, the City of
Copenhagen sent him a
photograph of the car taken
by the parking warden to
document that the parking
ticket had not been displayed in the windscreen.
However, the motorist
argued that the night-time
photograph proved nothing
due to the use of flash,
reflections and shadows.
The Ombudsman rejected
the case as local authorities’ use of photo documentation is warranted by an
order made by the Supreme
Court in 2010. Partly for this
reason, the Ombudsman
found it more appropriate
to leave it to the courts to
decide how good the quality
of such photographs must
be.
If a child is ill for a long time and cannot take part in school
tuition, it may be granted sickness tuition. The offer is adapted
to the individual child. For instance, the tuition may take place in
the child’s home or at a hospital. However, a severely arthritic
girl was refused sickness tuition because she was already receiv
ing special needs tuition for dyslexia. The Ombudsman wanted
to know the connection between the two and therefore asked
the local authority for a statement. In its statement, the local
authority wrote that in principle it agreed with the Ombudsman that dyslexia tuition does not replace sickness tuition.
The Ombudsman closed the case by recommending that the
local authority, in collaboration with the school and with the
involvement of the girl’s parents, as soon as possible prepare an
individually planned tuition programme for the girl, consisting of
sickness tuition as well as dyslexia tuition. The local authority
subsequently informed the Ombudsman that the girl would now
receive sickness tuition.
The Arthritis Association, which helped lodge the complaint with
the Ombudsman, wrote that the rules on sickness tuition were
very old-fashioned and out of step with reality. The Ombudsman
forwarded the Association’s letter to the then Ministry of Education
and asked to be informed how the Ministry intended to deal with
the matter.
May a local authority forbid a citizen to record his conversations
with its employees? This question was submitted to the Ombudsman, who answered that pursuant to the Ombudsman Act, he
cannot reply to general questions, but only consider complaints.
However, he enclosed a printout of an earlier statement dealing
with the same issue. The statement says that authorities have
the right to forbid recordings unless a citizen has special needs
which necessitate a recording.
The Ombudsman is often approached by citizens with general
questions, requests for advice or a need of legal aid. According
to the Ombudsman Act, it is not the Ombudsman’s job to provide
such help. The Ombudsman’s task is to investigate whether the
authorities have committed errors in connection with their work.
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