Annual Report 2019

The Danish Parliamentary Ombudsman has been elected by Parliament. His task is to help ensure that administrative authorities act in accordance with the law and good administrative practice, thus protecting citizens’ rights vis-à-vis the authorities. The Ombudsman investigates complaints, opens cases on his own initiative and carries out monitoring visits.

Annual Report The Danish Parliamentary Ombudsman Gammeltorv 22 DK-1457 København K 2019 Phone +45 33 13 25 12 www.ombudsmanden.dk [email protected] This page has been intentionaly left blank. To Parliament

In accordance with section 11(1) and (2) of the Parliamentary Ombudsman Act (consolidating Act no. 349 of 22 March 2013), I am hereby submitting my Annual Report for the year 2019.

Copenhagen, March 2020

Niels Fenger Published by The Danish Parliamentary Ombudsman Gammeltorv 22 DK-1457 København K

Printed by Rosendahls a/s, Copenhagen E-mail: [email protected]

Printed in Denmark 2020 Also available in PDF format on www.ombudsmanden.dk

Graphic design Conduce Umano (infographics on pages 9, 10, 39, 128 and 129)

Photographers Jasper Carlberg Jakob Dall

ISSN 1902-0120 Contents

Preface: Protection of citizens’ legal rights Niels Fenger, Parliamentary Ombudsman ...... 4

Confusion about the roles of public authorities afects citizens Marianne Halkjær Ebbesen, Legal Case Ofcer, and Lisbeth Adserballe, Senior Head of Division ...... 8

How do we introduce e-government without harming our legal rights? Niels Fenger, Parliamentary Ombudsman ...... 16

Is using the term ‘environmental information’ a magic formula? Kirsten Talevski, Senior Head of Division, and Kristine Holst Hedegaard, Deputy Head of Division ...... 22

About the cases Complaint cases ...... 36 Own-initiative investigations ...... 40 Summaries of selected statements ...... 44 Extracts from news published in 2019 ...... 66 Facts and fgures about our monitoring activities ...... 76

Brief overview of the year The year in fgures ...... 114 Statement of revenue and expenditure 2019 ...... 132 Organisation ...... 136 Grænser forPreface brug af Protection of citizens’ solohistorierlegal rights | 5

I took up the position of Parliamentary Ombuds- body – both adults and children, citizens and en - man on 1 December 2019. Therefore, this Annual terprises – can contact if they feel that they have Report is my frst report in my capacity as Om - been treated incorrectly by public authorities. budsman. This is also the reason why this An - nual Report primarily describes the good work Just like all other authorities, the Ombudsman which my predecessor Jørgen Steen Sørensen institution does not have unlimited resources. – and for a brief period also High Court Judge It is therefore an important – and difcult – Henrik Bloch Andersen – have accomplished question how we make the most of our limited during the preceding year. resources.

During my short time as Ombudsman, my per- The guiding principle must always be that we ception has been fully confrmed that I have must concentrate our eforts on matters where taken over a well-organised institution with we generally prove ourselves most useful in re - dedicated staf members. The old building at gard to the protection of citizens’ legal rights. Gammeltorv is teeming with skilled staf mem - bers who have chosen to work at the Ombuds- As we describe elsewhere in this Annual Report, man institution because they are idealists who we know from general experience that we often wish to work for the protection of legal rights and contribute the most in the so-called own-initia- to support a good administrative culture within tive investigations where we try to uncover gen- State, Regions and municipalities. eral problems for the beneft of many citizens at the same time. I will therefore, in line with This is also how it should be since it is the Om - my predecessor, constantly be aware whether budsman’s foremost task to protect citizens’ specifc issues could refect errors that are more legal rights. The institution is named the Parlia- recurring in nature. mentary Ombudsman because the Ombuds- man is elected by Parliament and carries out his At the same time, I will – depending on the na- activities on behalf of Parliament. But actually, ture of the individual case – not only establish the Ombudsman must act as Ombudsman of whether errors have been made in the specifc the people. A person who is independent of the case but also help to impart knowledge to the public administration and a person who every- authorities of what to do better next time, thus 6 | Annual Report 2019

looking forward. Because by helping an author- public administration more than even the Local ity to avoid future errors, we also ensure that Government Reform and the implementation of citizens are not subjected to injustice in future the Danish Public Administration Act did. cases. E-government brings signifcant benefts to cit- For this reason, I will give high priority to the izens as well as the public administration. But it continued work with the Guide for Authorities (in also carries major risks. I will therefore in years Danish only) on the Ombudsman’s website. The to come put a lot of efort into keeping an eye on purpose of the Guide is indeed to ensure that the implementation of the increasingly impor- authorities receive guidance on how to do the tant e-government solutions so that e-govern- right thing without us entering the fray. ment is implemented with respect for citizens’ legal rights. I am raising this matter in a separate Society is undergoing major changes these article in this Annual Report where you can also years. This also applies in relation to the way read more about the authorities’ various roles public administration works and communicates and fnd out whether using the term ‘environ - with citizens. The changes will afect citizens mental information’ is a magic formula when you and administrative authorities, and obviously the request access to public records. Ombudsman must keep up. Enjoy your read. One of the biggest challenges for the public administration is the implementation of e-government. Today, digitisation of public administration already has immense practical impact. And in the years to come, it will probably change the | 7 Confusion about the roles of public authorities afects citizens | 9

Marianne Halkjær Ebbesen Lisbeth Adserballe Legal Case Ofcer Senior Head of Division

An authority can have many varied tasks and therefore act in various roles. Besides making decisions within the meaning of the law, authorities give guidance, for example, and make private law contracts. It can be difcult to keep the roles separate, and that may afect citizens’ legal rights.

Most people probably consider public authorities administrative activity’. Guidance of citizens or as a kind of administrators of the welfare state – businesses is yet another example of actual ad- they see to it that children are looked after in day- ministrative activity. care institutions, that patients receive treatment at hospitals, and that those who cannot fend for A third role pertains to entering into agreements. themselves get help. But very few, presumably, For example, when a municipality is selling a consider the several and essentially diferent building site or entering into a tenancy agree - roles the authorities have in that connection. ment. In these situations, the municipality acts And sometimes even multiple roles in the very as an ordinary contracting party equally with same case.

One role is where authorities make decisions. In You can’t get planning these cases, the authority unilaterally decides permission. what is or what is going to be applicable law in the situation. By way of example may be mentioned declaration of planning permissions, allo- cation of student grants or change of a citizen’s tax assessment.

A second role is the more service and operations oriented part of authorities’ tasks, for example practical patient treatment, operation of day- care institutions and schooling in primary and lower secondary schools. This is called ‘actual Decision-making 10 | Annual Report 2019

We’ll pay 750,000 You’ll be in ward 7. kroner for the site.

We’ll have to think about that.

Actual administrative activity Entering into agreements

private parties and is (with a few exceptions) not When an authority assumes the role of an au- bound by the rules which apply in case processing. thority making decisions within the meaning of the law – and consequently has to rule unilat- The tasks mentioned and related roles are sim - erally – the rules of the Danish Public Adminis- plifed and not exhaustive. However, the listing tration Act apply. These rules give the citizen a illustrates tasks where the Ombudsman espe- number of procedural safeguards and contrib - cially has seen examples of authorities getting it ute, among other things, to ensure that the citi- wrong, causing possible ‘confusion about roles’. zen is included in the case and is consulted, and that the authority gives grounds for its decision Why is it important to distinguish and in that connection informs the citizen of the between the roles? rules which the decision is based on. It is of great importance that the authority is aware of which of the diferent roles it has in a If the authority is not aware of when it makes given situation. For instance, it is important that a decision within the meaning of the law but is it knows when it is making an actual decision maybe just of the opinion that it provides service within the meaning of the law and not just a or guidance, there is a risk that the citizen loses decision as part of the actual administrative ac - these procedural safeguards. tivity, and that it does not get the role as private negotiating party mixed up with the role as the In addition, the authority can only make a deci- authority making decisions within the meaning sion if it has the so-called legal authority to do of the law. so. In short, there must be rules stipulating that Confusion about the roles of public authorities afects citizens | 11

the authority has the necessary power to make The Ombudsman stated that SKAT had no au- the decision. thority to make its decision on (partial) cancellation conditional on the woman accepting the Normally, the same requirements for legal power ‘ofer’ within a specifed time limit. do not apply when the authority acts as private negotiating party. In these situations, the author- In addition, the Ombudsman stated that it ap - ity can act in more or less the same way as other peared that SKAT was not aware that a decision private parties in the negotiation process and is within the meaning of administrative law was also not bound by the Public Administration Act’s made. He pointed out that SKAT used the term requirements for consultation of parties, reasoned ‘ofer’ and made the legal efect conditional on grounds and guidance. the woman’s acceptance. The procedure could give the woman the impression that it was a ne - If authorities have difculties distinguishing be- gotiation with SKAT acting as a contracting party tween the roles of decision-making authority – and not exercise of public authority which was and negotiating party, it may afect the citizen’s binding on the citizen. legal rights. The Ombudsman has seen several examples of this. Further, the Ombudsman pointed out that the woman might get the wrong impression that by An ofer or a decision accepting the ofer she would commit herself The Ombudsman received a complaint from a to an instalment plan without the possibility of woman who had applied for a cancellation of her changing it, for instance in case her fnancial student loan debt (Case No. 2019-16). situation changed.

According to the rules on cancellation of debts In other words, the Ombudsman stated that to the public sector, including student loan SKAT had misunderstood its role as decision- debts, citizens may have debts to the public sec - making authority. tor cancelled – fully or partially – if they prove that they ‘are unable to and within the next few When the authority negotiates with years have no prospect of being able to meet the citizen their debts’. In another example, an authority also got the roles as decision-making authority and private SKAT (the Danish Customs and Tax Adminis- negotiating party mixed up. The case was part tration, now the Danish Debt Collection Agency) of a larger own-initiative investigation at the Om - replied to the woman’s application in a letter budsman institution (Case No. 2018-10). headed ‘Ofer of partial cancellation’. The woman was ofered a partial cancellation of her student A man who owned a rental property wanted de - loan debt, after which the balance was to be duction for a number of maintenance expenses repaid over a period of fve or seven years. How- – among other things for upgrading the sewer ever, the partial cancellation was contingent on system. SKAT had accepted deduction for some her accepting the ofer within four weeks. If she of the expenses and suggested in a so-called did not accept the ofer within the time limit, her preliminary letter of intent (a kind of consulta- student loan debt would not be cancelled – either tion of the man as a party to the case) that only a fully or partially. part of the sewer expenses were deducted. 12 | Annual Report 2019

The man protested against SKAT’s suggestion, the impression that the decision is not based and then the caseworker at SKAT wrote to the on statutory rules and factual assessments but man: ‘I think I have treated you well by not cutting instead is an expression of the individual case - into the maintenance expenses. We may discuss worker’s (good)will. whether it is a fair part of the sewer expenses I have accepted.’ So, it would appear as if the ‘Just’ a decision or a decision within caseworker at SKAT did not make a decision but the meaning of the law entered into a negotiation with the citizen where Confusion about roles does not only take place the caseworker would meet the citizen halfway between decision-making activities and situa- in some areas if he in return yielded in other tions involving negotiations. areas. When authorities engage in what is called actual The Ombudsman stated that SKAT’s e-mail administrative activity, they make several deci- could give the taxpayer a problematic impres- sions every day. But sometimes it can be hard to sion of SKAT’s processing of the case, thereby distinguish between whether a decision is ‘just’ damaging the trust in SKAT. a decision or a decision within the meaning of the law. The Ombudsman also stated: ‘Tax authorities’ task is to administer the legislation which applies Among other things, this applies to schools, day- to taxation matters. By handling this task, the care institutions and other places where actual authorities must maintain citizens’ trust that the decision-making only rarely takes place. authorities abide by the legislative framework. This trust is not maintained if the authorities One example is a case (Case No. 2015-19) where give the taxpayer the impression that a decision a boy in the 9th grade had grossly harassed a regulated by law – for instance a tax assessment girl in the 8th grade. The boy had also been in - – is a matter of negotiation with SKAT.’ vol ved in previous incidents at the school. Therefore, the school decided to transfer the In this case, the actual statement is directed at boy to another school. the authorities but the considerations apply in relation to all authorities making decisions within The school had made a decision within the the meaning of the law. meaning of the Public Administration Act by unilaterally and fnally determining that the boy was The cases mentioned are examples of what can to continue his schooling at a diferent school. happen when authorities get their roles as de- But the school itself was not aware that it was cision-making authority and negotiating party making a decision within the meaning of the Act. mixed up. The decisions do not appear as clear statements from the authority as to what is That it was a decision within the meaning of the applicable law for the individual citizen. On the Act meant that the rules of the Public Admin - contrary, there is a risk that the citizen receives istration Act applied and that the school ought a decision with, for example, requirements and to have consulted the boy’s legal guardian prior conditions which the authority is not allowed at to the decision. The school also ought to have all to stipulate. Therefore, one is easily left with given adequate grounds for the decision and Confusion about the roles of public authorities afects citizens | 13

should have referred to the rules of law on which Examples include a citizen who asked if he could the decision was based. Furthermore, there deduct expenses of the installation of a charg- ought to have been made a written record of the ing box for an electric car on his tax return form. telephone conversation in which the boy’s legal The customer centre replied: ‘It is not possible guardian was informed of the school transfer. to deduct the installation of a charging box for Besides, in the Ombudsman’s opinion it would an electric car as this is not included in the home have been most correct to deliver the decision renovation deduction.’ in written form. The Ombudsman criticised the errors which the school had made in the process It does not appear from the reply that it is solely but not the actual decision to transfer the boy to a matter of guidance. The reply – which is very a diferent school. concrete – could within reason be perceived as an actual decision about rejection of deduction. Consequently, in this situation the school not being aware of its role resulted in a number of The investigation also showed examples of errors. replies which could be perceived as decisions about entitlement to deduction. The customer When the guidance becomes a little centre replied for instance to a question about too concrete the possibility of deduction: ‘The expenses you Under the category ‘actual administrative activ- have had in connection with publishing the book ity’ falls also guidance of citizens and business- can be deducted from the fees you are getting. es. In the nature of things, guidance can include As a fee recipient you have to deduct the ex- practically everything within the authority’s area penses under the heading 29 on the tax return of responsibility. Regarding the municipalities, form and section 425 on the preliminary assess- it may be how to apply for a nursery place, and ment of income.’ in regard to the regions how to make use of the free choice of hospitals. Guidance may also be You can ask yourself if it is not irrelevant, really, about how certain rules are to be understood. whether the citizen thinks it is a decision.

Especially in the last of these situations, authori- The answer is no. Because what if the guidance ties must make sure that it is clear to the citizens is incorrect? Or if there were details missing in that the guidance is guidance only, and that, as the enquiry which would have led to another re - a general rule, the guidance is binding on neither ply if the authority had known this information. citizen nor authority. In other words, an actual decision has not been made. There is a risk that a citizen who wrongly per- ceives the guidance as a decision and acts, or In a major investigation of the guidance replies refrains to act, in reliance on the reply, sufers a (Case No. 2019-25) from the customer centre of loss of rights. The citizen may for instance miss the Danish Tax Agency, the Ombudsman found out on a deduction or a payment which he or she several replies which appeared like actual deci- would have been entitled to otherwise. sions rather than guidance. It is also important to distinguish between guidance and decisions because decision-making 14 | Annual Report 2019

– contrary to guidance – makes increased de - The man who wanted a deduction for the ex- mands on the case investigation and the case penses for upgrading the sewer system had, with processing for that matter, for example that the good reason, difculties understanding why he Public Administration Act’s rules on parties’ had to negotiate with the authority about his de - legal rights must be observed. duction. Among other things, he wrote to SKAT: ‘I notice (…) that there is no reference to any sec - Obviously, this does not mean that authorities tions in acts or guidelines. But that you sit there ought to stop giving citizens proper and con- solely assessing what to accept, it does not crete guidance – the authorities just have to seem legally correct, if one of your colleagues remember to let citizens know that it is solely a assessed the same case, your colleague might matter of guidance and therefore not a decision. have another interpretation and perception and therefore accept things which you won’t. It is like ‘Buying elastic by the metre’ buying elastic by the metre.’ The examples in this article show that it is im - portant that authorities manage their diferent In the article ‘When schools have to be legal roles because otherwise it may have conse - eagles’ from the Ombudsman’s Annual Report quences for the citizens’ legal rights. Ultimately, for 2015, a number of examples are given of a citizen can end up sufering an actual loss of schools making decisions without being aware rights. of their role as decision-making authorities.

Common to the examples are furthermore that they illustrate that the authorities’ confusion about their role may harm citizens’ trust in the public authorities. This page has been intentionally left blank.

| 15 How do we introduce e-government without harming our legal rights? | 17

Niels Fenger Parliamentary Ombudsman

Digitisation of the public administration ofers immense potential. But a number of examples also indicate that insufciently thought-out IT systems can harm citizens’ legal rights. The Parliamentary Ombudsman will step up his eforts within this feld.

A woman wanted to help her mother with an It can happen to everyone that you forget to take application for a technical aid. But the munici- applicable law into account. But if the oversight pality’s digital self-service solution only allowed happens in relation to a digital self-service the mother herself to apply. Consequently, it was solution, the individual error multiplies into a not possible to submit applications on behalf of cascade of errors. Unlike us human beings, dig- others as laid down in the Public Administration ital solutions do not have bad days with inferior Act (Case No. 2019-11). performance. If there is a malfunction in a digital solution, it will be repeated every day of the In another case, the Danish Customs and Tax week and every hour and minute of the day. Administration (SKAT) had put the IT system ‘Én Skattekonto’ (‘One Tax Account’) into operation. Therefore, digitisation of the public sector will However, due to a system malfunction SKAT become a special focus area for the Ombuds- could not charge interest from businesses for man institution in the years to come. more than two years (Case No. 2019-17). Great potential for the welfare The above cases are only two of many cases society about e-government which the Ombudsman These years, the public administration’s case investigated in 2019. Both cases indicate that processing is undergoing signifcant changes the good intentions behind digital systems can due to increased digitisation. Both the public go astray if the systems are not confgured cor- administration’s own working methods as well rectly. Especially in the case about SKAT, it was as meetings between citizens and public ad- most unfortunate that an IT system with such ministration are afected by digital self-service defects was put into operation in the frst place. solutions like www.borger.dk and automated 18 | Annual Report 2019

decision-making systems, robot software and So, there is no doubt that digitisation of the other artifcial intelligence systems. public sector ofers immense potential for our welfare society and thus for all of us. However, Modern technology brings signifcant benefts the rapid development does not only contain to citizens as well as to public administration in positive gains but also challenges. many ways. Automated case processing systems where computers entirely or partly make IT systems with problems administrative decisions can actually make the from day one case processing cheaper and quicker. Depend- The Ombudsman’s core task is to ensure the ing on the type of individual case, digitally gene - individual citizen’s legal rights when meeting the rated decisions can also be of higher quality and public administration. This also applies as far as be more predictable. the new digital reality is concerned.

At the same time, digital self-service solutions The general administrative law requirements can also improve the quality of the public admin - and principles apply irrespective of manual or istration’s service to citizens in a number of cas- digital case processing. It is therefore the indi- es. We can beneft from a public administration vidual authority’s responsibility when the case with night and day opening hours where we can processing is digitised fully or partially within a take care of our unsettled matters with public feld that new digital solutions meet the require - authorities via the internet whenever convenient ments so that citizens maintain their legal rights for us. (Case No. 2018-1).

Digital solutions can also improve everyday life Unfortunately, the Parliamentary Ombudsman for citizens at many public institutions such as has found a number of times within recent years schools, kindergartens, hospitals and residential that public digital solutions did not comply with care homes. The school teacher can, for ex- administrative law requirements. ample, by means of digital teaching aids target the teaching of the individual pupil to a higher The system defects have been manifold. For degree. Modern health technology enables pa- instance, there have been problems with incom- tients to self-monitor their disease in their own plete dating of letters, defects in relation to the home. digital systems’ ability to retrieve relevant cases which should, among other things, ensure uni- Good digital solutions can also enhance the form practice, defects in securing original con - efciency of public administration and thereby tents of documents and authenticity (Case No. release signifcant resources, including the so- 2015-22) as well as insufcient record-keeping called ‘warm hands’ and a more citizen-friend- (Case No. 2018-29). ly welfare. At the same time, digitisation has frequently proven to be an efcient tool when Just like the case about the woman who wanted rethinking processes and working procedures in to help her mother, it has unfortunately also been the public sector. found several times that a digital solution did not comply with section 8 of the Public Administra- How do we introduce e-government without harming our legal rights? | 19

tion Act about the right to make use of represen- situations that may occur in actual practice and tatives and be assisted by others (see also Case to design the solution so that the system takes Nos. 2011 12-1, 2012-5 and 2016-1). such situations into account. This will typically not be possible in cases where an individual as- In addition to this, there have also been cases sessment has to be made. Sometimes, a digital where the chosen technical design of Public solution can be confgured in a way so that cases Digital Post meant that the authority’s identity under certain circumstances can be selected was not always apparent from the letters which for manual case processing. In other instances, citizens received (Case No. 2015-22). In another a fully automated case processing can only case, citizens were not informed about the au- be implemented if the individual assessment thority’s decisions but had to search the system is completely taken out of the legislation, and themselves in order to see whether the authority the legislative basis so to speak can be put on a had made a decision (Case No. 2011 18-1). Finally, mathematical formula. there have also been cases where the authorities were not aware that statutory authority is required Errors can result in disregard of the authority’s when requesting citizens to communicate digi- (the system’s) decision, meaning that it is con - tally with public authorities (Case No. 2015-36). sidered invalid. In that case, the authority must process the case again and make a new deci- A number of the above cases indicate how es- sion. There may be a basis for compensation if sential it is for the legal rights of the individual the citizen has sufered a fnancial loss. citizen that digital solutions are confgured in accordance with statutory law. But the cases The Ombudsman is concentrating his attention also imply another vital lesson: The problems on citizens’ legal rights. But it is not only the indi- could have been avoided in almost all cases if vidual citizen’s legal rights and trust in the public the authority had included administrative law administration that are put at risk if a digital and design of the digital solution in the planning solution fails. It is also a waste of resources since from the beginning (Case No. 2014-34). it can be expensive as well as technically difcult to change a complicated IT system once it has System errors come at a high price been implemented. In a case about applicants It is a prerequisite for the sound development of for the State Educational Grant (SU) not having public digital solutions that the authorities en- the possibility to be represented by others, it sure that they obtain a thorough overview at the took more than 18 months to put the system outset of the case types and procedures which right after the Ombudsman expressed criticism the new solutions must be able to handle (Case (Case No. 2016-1). In the previous case about the No. 2014-24). It is also necessary to consider Danish Customs and Tax Administration (SKAT) which case processing rules in regard to consul- being unable to charge interest, the system was tation of parties and grounds are applicable in not able to add interest until two years after it the cases in question. had come into operation.

It is also a prerequisite for fully automated case Sometimes, the expenses of not putting the sys- processing that you are already able at the time tems right until afterwards are so heavy that you of development of the system to foresee the choose to legitimise the unlawfulness (Case No. 2015-21). 20 | Annual Report 2019

For all these reasons, it is vital that digital solu- the Ombudsman conducts an ex post control tions are designed from the beginning in such a and does not take part in the authority’s own way that the solutions meet the administrative decision-making process is for good reasons legal requirements. a well-established principle. But precisely as far as development of digital solutions is con - The Ombudsman’s role cerned, we are currently considering how we At the Ombudsman institution, we are currently can contribute in the best possible way with - considering how the Ombudsman in the best in this special feld so that the authorities can possible way can contribute to ensure that ad- thoroughly consider the solutions from a legal ministrative law and citizens’ legal rights are point of view at an early stage. This is a dif- included concurrently with the development of cult exercise since the Ombudsman is not (and digital solutions. should not be) a design body but a control body. But this is also an extremely important exercise. It is not the ordinary role of the Ombudsman to Because, if used correctly, digital solutions can contribute to the design of the public admin - contribute to ensuring correct decisions and istration’s systems in relation to for example increase the service provided by the public ad- record-keeping and case processing. And, as ministration to citizens. already mentioned, it is always the responsibility of the authorities themselves that the systems My ambition is that the Ombudsman institution observe the administrative legal requirements. in the best possible way – within the scope of the The Ombudsman is usually the last step in the Ombudsman’s authority – supports that society process when it comes to checking whether can reap the benefts of this huge potential but decisions already reached by the authorities only without causing damage to citizens’ legal are legitimate and correct. The principle that rights during the process. How do we introduce e-government without harming our legal rights? | 21

Important points From the Ombudsman’s Guide for Authorities (in Danish only) at www.ombudsmanden.dk, Overview #13 on the general administrative requirements in regard to public IT systems

• Compliance with administrative requirements is • The IT system must support and ensure essential with regard to citizens’ legal rights. It is record-keeping of relevant documents. the individual authority’s responsibility to make sure that the authority’s IT systems meet these • Registrations in the IT system must be clear, requirements. sufcient and give a true and fair view.

• Administrative rules and principles apply irre - • It must be possible to see from which authority a spective of whether case processing is under- letter originates. taken manually or digitally. • As a general rule, letters in decision cases must • Administrative requirements must be considered either be signed with a personal signature or at an early stage upon development of new IT worked out in a way which ensures both a clear systems. identifcation of the letter and that the letter is fnal. • It is important to have an overview of the various types of cases and case procedures which a new • The IT system must be equipped with secure IT system must include. documentation as to when the authority has sent a letter. • The authority must clearly defne the applicable rules for the processing of cases which the IT • The system must support compliance with legal system must handle. rights for citizens laid down in administrative rules and principles. • The IT system must be confgured in a way that makes it possible to search for relevant cases • Citizens cannot be required to write electronical- based on criteria in terms of contents. ly to the authority or to use a digital self-service solution without statutory authority. • The authority must ensure documentation of all case fles – either by a physical copy or by an • A citizen who is a party to a case must receive a electronic ‘authentic copy’. message directly (for example by e-mail in the digital letter box) when the authority makes a decision. Is using the term ‘environmental information’ a magic formula? | 23

Kirsten Talevski Kristine Holst Hedegaard Senior Head of Division Deputy Head of Division

The general public is given special access to case materials about environmental information, and a number of cases with the Ombudsman indicate a broad perception of the term. But journalists and others should also be aware that using the term ‘environmental information’ does not always result in access to documents.

A memorandum on the costs of shifting motor- Consequently, the Environmental Information ists from cars to trains was given a hard time Act is of importance to a large part of the public by a technical journalist. He wrote a number of administration. And it can also be of signifcant critical articles about the memorandum. He was importance as to whether journalists and other particularly critical of the Ministry’s calculations. citizens are granted access or not. At one point, the Ministry complained to the editor-in-chief about the technical journalist. However, it can be difcult to know whether the The outcome was that the journalist asked for access is related to environmental information. access to documents about the complaint. This was also the case when the journalist asked for access to the Ministry’s documents about the The question was now which Act the Ministry handling of his criticism. Could information about should base the request for access on. a journalist’s critical writings about a memorandum be considered environmental information Broadly speaking, there are two codes of prac - at all? tice regarding access to documents for persons who are not a party to a case. The majority of Environmental information and the those who work with access to documents are Access to Public Administration Files familiar with the new Access to Public Adminis- Act tration Files Act. The Environmental Information The Environmental Information Act implemen ts Act is less well-known. But if you seek access to an EU regulation within Danish legislation. Be - environmental information, the authorities must cause of the underlying EU legislation the Act observe the Environmental Information Act. can be complicated to use, and you must, among 24 | Annual Report 2019

in cases regarding environmental information. Environmental information and This is laid down in the so-called balancing of rules regarding balancing of assessment rules of the Environmental Informa- assessment rules tion Act (see factbox). Pursuant to the Environmental Information Act, there are two special rules regarding balancing If you disregard the special rules that directly of assessment rules which must be observed follow from the Environmental Information Act, when processing a case about access to you can generally say that the question about documents: access to environmental information must be • The general rule on balancing of assess - processed according to the old Access to Public ment rules: The access to limit access to Administration Files Act. On certain points, the documents must be used restrictively, taking old Access to Public Administration Files Act society’s interests in publication of the infor- gives access to more information than the new mation into account. Access to Public Administration Files Act but in • The specifc balancing of assessment rules: In each case, the public interests which are relation to other matters it gives access to the protected when information is made available same particulars. must be weighed out against the interests that are protected when access is denied. The widely discussed section 24 of the new Access to Public Administration Files Act – the The balancing of the assessment rules means that the exemptions under the old Access to so-called ministerial advice and assistance Public Administration Files Act from 1985 regulation – does not exist in the old Access must be interpreted restrictively. And, even if to Public Administration Files Act. All things an exemption provision can be used generally being equal, this means that it is easier to obtain to deny access to documents, access can only access to documents concerning the political be denied if the interests protected by the re - fusal are weightier than the interests protected decision-making process when it comes to envi- by making the information available. ronmental information.

Other provisions like for example the provision that you can exempt internal documents from other things, include practice laid down by the the right to access and the provision that you Court of Justice of the European Union (CJEU) must supply (extract) actual information are when interpreting the Act. more or less the same under the old and the new Access to Public Administration Files Act. Basically, the Environmental Information Act gives every person the right to be notifed of en - Even if the Environmental Information Act must vironmental information. However, there is only be used, there is no guarantee that you can get one basis in this connection. The limitations (ex- access to the information you require. emptions) stipulated in the old Access to Public Administration Files Act remain applicable when Criticism from the technical journalist using the Environmental Information Act. In ad- Back to the case (Case No. 2018-2) about the dition to this, things are further complicated by technical journalist who had written critical the fact that the old Access to Public Adminis- articles about the Ministry’s memorandum on tration Files Act must be interpreted restrictively shifting motorists from cars to trains. He wanted Is using the term ‘environmental information’ a magic formula? | 25

Section 3 of the Environmental Information Act

3 Environmental information shall mean any (3) measures, including administrative measures, information held by public authorities or for them such as policies, legislation, plans, programmes, in written, visual, aural, electronic or any other environmental agreements, and activities af ect- material form irrespective of when the information ing or likely to afect the elements and factors was provided on referred to in (1) and (2) as well as measures or activities designed to protect those elements, (1) the state of the elements of the environment, such as air and atmosphere, water, soil, land, (4) reports on the implementation of environmen- landscape and natural sites including wetlands, tal legislation, coastal and marine areas, biological diversity and its components, including genetically mod- (5) cost-beneft and other economic analyses and i fed organisms, and the interaction among assumptions used within the framework of the these elements, measures and activities referred to in (3), and

(2) factors, such as substances, energy, noise, (6) the state of human health and safety, including radiation or waste, including radioactive waste, the contamination of the food chain, where rele - emissions, discharges and other releases into vant, conditions of human life, cultural sites and the environment, afecting or likely to afect the built structures inasmuch as they are afected elements of the environment referred to in (1), by the state of the elements of the environment referred to in (1) or, through those elements, by any of the matters referred to in (2) and (3).

to get access to the Ministry’s documents re - was an example of ‘efective’ participation by the garding the complaint about him. public in environmental decision-making – and that was exactly an intended objective of the The Ministry withheld four documents about the rules laid down by the EU legislator. Ministry’s handling of the criticism. The reason for this was that the Ministry considered the doc - The Ombudsman recommended that the Mini- uments to be internal documents. The Ministry stry reopen the case and make a decision ac - referred to a section of the new Access to Public cording to the Environmental Information Act. Administration Files Act and did thus not agree The Ministry did so, but in the specifc case this that information stated in the four documents did not mean that the journalist was given ac - was environmental information. The Ombuds- cess to the information requested. The reason man disagreed. was that pursuant to the Environmental Infor- mation Act internal documents could also be The Ombudsman found that the memorandum, exempt from access and the rules regarding which had been drawn up to form the basis for balancing of assessment rules did therefore not political discussions, contained environmental help the journalist. In this case, using the term information. The journalist’s criticism was fo- ‘environmental information’ was therefore no cus ed on the professional tenability of the Minis- magic formula. try’s memorandum. The journalist’s participation in the public debate about the memorandum 26 | Annual Report 2019

Factors ‘afecting or likely to afect among other things on the grounds that it would the elements of the environment’ lead to stigmatisation of the pig farm owners and In order to make use of the Environmental Infor- their families. The authorities had processed the mation Act, one must obviously be dealing with case without considering whether it was environ- environmental information. As such, this sounds mental information. simple but sometimes it can – like the case about the technical journalist indicates – be a rather The Ombudsman found that it was of utmost complicated exercise to ascertain what is envi- importance for the assessment of the case ronmental information within the meaning of the whether the information was environmental in- Act. formation. The Ombudsman was of the opinion that if the pig herd was contaminated, the air in Environmental information is defned in section 3 the pigsties would contain MRSA bacteria for of the Environmental Information Act. Environ- which reason the Environmental Information mental information is not only information directly Act should be used pursuant to section 3(1) relating to the environment but also information (see factbox). about, for example, the state of the elements of the environment in soil, water or air. It also covers The Ombudsman also stated that the Envi- information about for example radiation, noise ronmental Information Act is based on the and discharges afecting or likely to afect the funda mental view that the public should have a elements of the environment. particularly extensive right of access to environmental information. And, in order for access More indirect information about the elements of to be denied, it had to be the granting of ac - the environment is also included. It follows from cess itself that would result in stigmatisation. the defnition of the law that information about If the problem of stigmatisation would remain measures or activities that afect or are likely to irrespective of whether access was granted, afect the environment is included. This can, for the request for access could not be denied. In example, be legislation or plans. consequence of this, the Danish Veterinary and Food Administration decided to give access to In a number of cases regarding access to docu- the information. (Case No. 2014-8). ments, the Ombudsman has considered how the Environmental Information Act must be used. Consequently, information in regard to which The most important cases are published on the pig herds had been contaminated with MRSA Ombudsman’s website. Three specifc cases are was to be considered environmental informa- mentioned below: tion – which in this case made a diference as to whether access could be granted. Access to MRSA information For some time, a number of pig farms had been On the other hand, two other cases refect that tested to fnd out whether they were contami- there are limits to what ‘environmental informa- nated with the multiresistant Staphylococcus tion’ covers. Even if the practice laid down by the bacteria MRSA. Some journalists wanted to Court of Justice of the European Union (CJEU) know which pig farms had been tested positive. indicates that the term is broadly interpreted. The food safety authorities denied the request, Is using the term ‘environmental information’ a magic formula? | 27

Limits as to what is considered Now, the question was whether information stat- environmental information ed in the supplier invoices was to be considered After a pub in Copenhagen had applied for re - environmental information. The Ombudsman newal of its alcohol licence, a citizen requested found that the installation of the solar panels had access to a recommendation for the decision to be considered a ‘measure or an activity’ with- to be made by the Licensing Board of the City in the meaning of the Environmental Information of Copenhagen and to the decision. The Board Act. But the Ombudsman was not of the opinion denied access with reference to the new Access that the underlying documents were to be con- to Public Administration Files Act. sidered environmental information, among other things because of the more indirect connection The Ombudsman now had to decide whether between information and installation of the solar it was a question about environmental infor- panels. Also in this case, an opinion issued by mation. The renewal of the alcohol licence was the EU Commission supported the Ombuds- potentially of importance to the continuous man’s assessment. existence of the pub. Thus, the decision was indirectly of importance to the discharge of Thus, the cases about the renewal of alcohol noise and tobacco smoke into the surrounding license and the solar panels illustrate that there environment. are limits to what can be regarded as ‘environmental information’. Even if the recommendation and decision by the Board as such was considered a ‘measure’ And, as the above cases also illustrate, using the (section 3 paragraph (3) – see factbox), the Om - term ‘environmental information’ is not always budsman did not fnd that the requirement was the ‘magic formula’ which means that you will get likely to afect the elements of the environment. the information you want. But it can be. An opinion provided by the EU Commission supported the Ombudsman’s assessment. There- Increasing importance fore, the case was to be decided pursuant to the When the new Access to Public Administration new Access to Public Administration Files Act. Files Act entered into force with efect from 1 (Case No. 2018-34). January 2014, the old Access to Public Admin- istration Files Act was repealed simultaneously. In another case (Case No. 2020-1) a citizen had But not entirely. Because, as mentioned above, connected two feld based solar panel plants the repeal did not comprise cases processed to the grid via the local energy company and he under the Environmental Information Act (sec- had received a fnal settlement invoice for the tion 42(4) of the new Access to Public Admin- total price. He wanted to check whether he had istration Files Act). And as environmental and been invoiced for the actual costs. Therefore, he climate issues are increasingly on the political asked for access to some underlying supplier in- agenda, it must be assumed that regulations voices for material and the installation worker’s stipulated in the Environmental Information Act hourly fee, among other things. (and thus also the old Access to Public Admin- istration Files Act) will become increasingly important. be brought before the Family Court. Family Court. the before brought be can they if Family Law of Agency by the decisions Om budsman does not consider complaints about the that mother the to wrote Ombudsman The case. atthe look to Ombudsman the wanted she even so but Family Law of Agency the to decision the against appealed already had mother The Family Court. the before brought – be Family Law of Agency the –via could decision The again. father her with have to was contact daughter the that decision the made had Familycy Law of ha father. However, her with Agen the contact ving A mother was very much against her daugh ter 19/04405 No. Case ticularly easy access to judicial review. review. judicial to access easy ticularly or where the legislation layscourts, down par the before brought be to expected are which or ters which are being by processed the courts mat or cases consider Ombudsman the does the Family According Court. to practice, nor instance –for justice of courts the to extend not does Ombudsman the of jurisdiction The CASESsome | 28 - - - be a part of the municipality’s service level. level. service municipality’s the of apart be to were aids technical temporary if decided been yet not had it politically that were refusal ipality’s munic the for grounds The surgery. after needed she found she which scooter electric an refused been had awoman that wrote newspaper A local 18/01700 No. Case complaints about refusals of compensation. The Ombudsman very rarely investigates sion should arise. occa if courts by the decided be to had case the most deals with public law In his issues. opinion, fore and frst Ombudsman the since and woman the to pay to damages liable was municipality the whether law issue acivil was it since vestigation in an initiate to not decided Ombudsman The farmer. by a but municipality by the owned not were cows the because things other among payto damages, liable not was municipality the that her informed had company insurance municipality’s The dent. inci the after note asick with connection in had had she expenses the for compensation get not could she because dissatisfed was woman The forest. amunicipal in awalk after Ombudsman the to things, other among this, wrote Awoman me.’ butted and down me knocked It us. after ran and dog the to adislike took suddenly cow the when aleash on dog our with quietly walking were ‘We 19/03436 No. Case this may occur based on media coverage. coverage. media on based may occur this initiative investigations. Among other things, own open to may decide Ombudsman The the that out pointed He case. the in statement municipality’s the for asked Ombudsman The technical aids specifcally and individually. specifcally aids technical temporary for applications consider future in and practice its change to going also was municipality The assessment. individual aspecifc made not had municipality the that error an was it because sessment. as individual aspecifc on based aids technical temporary about make decisions to required is Act Services Social the to according municipality man that the woman’s case had been reopened reopened been had woman’s case the that man Ombuds the informed then municipality The ------| 29 - CASES- Case No. 19/04649 ‘How in the world can this be in the child’s best interest?’ citizen A asked the Ombudsman this question after the municipality had decided that a whom theboy, citizen had known for many years, no longer was to stay with his foster family. In stead, the boy was to live with his biological moth munici the with disagreed strongly citizen The er. pality’s decision and was deeply concerned about the future boy’s well-being. The Ombudsman wrote to the citizen that he was sending the letter citizen’s of concern about the boy on to the National Social Appeals Board, which monitors the children’s sector and consid the Meanwhile, children. concerning appeals ers further citizen the inform not could Ombudsman about the case though even the citizen knew the boy well. This was due to the fact that the citizen did parental not have responsibility for the child. theEach Ombudsman year, is contacted by children’s about concerned are who citizens well-being – for instance former foster par ents. If a citizen who contacts the Ombudsman does not parental have responsibility for the child in question, he or she is not legally a party to the child’s case and is therefore not entitled to receive information about further steps in the case. ------The Ombudsman usually closes his investiga investiga his closes usually Ombudsman The tion when the authorities reopen the case. The man complained to the Ombudsman who asked the tax authorities some questions about the deduction and about the ruling. In its the reply, appeals board stated that it was now prepared to reopen case. the man’s After this, the Ombuds case. the closed man Case No. 17/02913 A man had had legal to pay fees in a court case in which he had fled a lawsuit in against France his former The employer. man found he was entitled to a full tax deduction for the fees. the However, AgencyDanish and Tax a tax and assessment appealsboard decided that he was eligible only to a proportionate deduction. The tax authorities based their decision on the ruling and the man’s own information about the court case. There are a number of cases about state and institution. Ombudsman the at prisons local approxi concluded Ombudsman the 2019, In mately cases 360 pertaining to inmates’ con ditions in state and local prisons. In addition, the Ombudsman’s visiting teams visited 18 Probation and institutions Prison the under Service. The case was considered the by regional ofce of the Prison and Probation Service which the prison fell The under. regional ofce did not fnd that the prison could down lay rules on whether the inmate was allowed to contact the company or other po ofce regional the Therefore, employers. tential expressed its regret at the prison’s order. After this, the inmate complained to the Ombuds man that the prison did not reply to his complaint about the The order. Ombudsman wrote this to the prison and asked for a copy of the prison’s reply to the inmate. Case No. 19/01698 An inmate in a state prison had written to a com pany and applied for a job after his release. The company addressed the prison and asked not to be contacted the by inmate after which the prison ordered the inmate not to contact potential em ployers. the process had not been satisfactory. that replied Ombudsman the report, Authority’s Supervisory Financial the received having After again. arise not could situation asimilar that sured as be to was it how and previously searched been not had archive physical whythe for account to ty Authori Supervisory Financial the ask budsman Om the made This mistake. the regretted had and citizen the to notes the given had and archive aphysical in meeting the from notes handwritten some found had it that Ombudsman the to wrote Authority Supervisory Financial the on, Later citizen’s complaint. the of investigation a further down turned Ombudsman the Therefore, existed. minutes no that Ombudsman the informed thority Au Supervisory However, Financial Authority. the Supervisory Financial Danish by the up drawn ing ameet of minutes to access requested A citizen Nos.Case 18/02679 and 19/01918 Ombudsman requests. the which documents and information the vide pro to required therefore are authorities The the authorities being correct and sufcient. from receives he information the on depending hence acase, of material written the on based The Ombudsman investigates complaints CASES | |30 30 ------suit had been dropped. dropped. been had suit law the when happened not had this that gretted re and decision the removed then Authority ty Safe Patient The register. the from removed been not had decision whythe dentist the to explain to Authority Safety Patient the asked who man, dropped. The dentist complained to the Ombuds been had Authority Safety Patient by the fled suit on the authorisation register even though the law showed still Two later, decision years the ahalf and then. before alawsuit fle to decided had Authority Safety Patient Danish the unless again the dentist could be independently self-employed that after and years, two for efective was decision The dentist. another of supervision under work to allowed only was he that revoked so employment’ self- independent to ‘right the had had A dentist 19/00029 No. Case diction. an institution is within the Ombudsman’s juris if determine to order in needed is investigation certain private Sometimes, a institutions. closer about public administrative authorities and The can only complaints Ombudsman consider Ombudsman’s jurisdiction. one oftheprivate institutionswhichare withinthe thecentrebecause was notapublicauthority, nor thevocationalabout educational centre. Thiswas nothelpwiththecomplaint The Ombudsmancould did nottake themseriously. that thecentre didnotreturn telephone callsand upathe showed thecentre. wrote Themotheralso down when turned been andsubsequently notice awithdrawal sent hadher son been form without centre. Themotherwrote to theOmbudsmanthat from at course a vocational hisschool educational expelled being herson about A mothercomplained 18/05566 No. Case to the authority can solve the citizen’s problem. problem. citizen’s the solve can authority the to Ombudsman the from enquiry an Sometimes ------CASES | 31 Usually, the Ombudsman is not able to fully ex amine the assessment made the by authorities circumstances exist. special unless It happens on a regular basis that a written enquiry to the Ombudsman gets a response by telephone. Case No. 19/00893 A man had been refused home detention with electronic monitoring because he had failed to show up for urine testing at a previous occasion. Therefore, the Prison and Probation Service as sessed that the man was going problems to have respecting the condition of not using euphoriants. sisterThe man’s wrote to the Ombudsman that her brother had not turned up for the check due to health issues. The Ombudsman pointed to the fact that the Prison and Probation Service had as sessed whether her brother was likely to respect electronic with detention home for conditions the monitoring. The Ombudsman did not fnd that he was able to assess the matter better than the Pris on and Probation Service. He therefore wrote to the sister that he did not proceed with the case. Case No. 19/00801 A journalist wrote to the Ombudsman that her case of request for access to information dragged out at the Danish Business Authority. The journalist asked if shecould complain to the Ombudsman or if she had to to go another authority frst. One of the Ombudsman’s employees replied to the com plaint telephoning by the journalist and giving her information on the rules of the Danish Access to Public Administration Files Act about processing times in a case of request for access to informa tion. The journalist would then send a complaint to the Danish Business Authority and await a re ply before complaining to the Ombudsman, if the journalist, the with agreement In sary. neces man did not submit a writtenOmbuds reply to her enquiry. ------When the Ombudsman receives a complaint, he decides if he is going to investigate the case further. If it turns out that in the meantime the citizen’s problem has been solved, he often further without case the investigation. closes On that background, the Ombudsman did not pro ceed with the case. After receiving the complaint, the Ombudsman Ombudsman the complaint, the receiving After found that the public transport operator’s board had decided to reinstate the schedules at all the bus stops because many citizens14,500 were having a difcult time getting information about the buses’ schedules etc. The woman wrote to the Ombudsman that she had already complained to the Danish Transport, Construction and Housing Authority, two munic ipalities in the Copenhagen area and (Your DOT Public of Transport) which the public transport operator was part. This is what a senior citizen wrote to the Ombuds man. She was not happy because a public trans port operator had permanently removed theprint ed bus schedules and lists at the bus stops. The public transport operator pointed to the fact that the information was available digitally on mobile phones. Case No. 19/00717 ‘Nobody can keep up with the bus schedule any moreunless they check up on it every time on the app website. on DOT’s And a lot of people do not do that.’ About the cases This page has been intentionally left blank. This page has been intentionally left blank. | 35

Cases opened in 20191 5,607

1) Administrative cases are not included. In addition, cases selected for collective review in connection complaint cases with general own-initiative investigations are not normally included. 5,368 own-initiative 163 investigations 76 monitoring cases

5,607

6,000 4,994

5,000

4,000 4,909 4,990 4,999 5,045 5,026 4,878 4,774 4,542 3,000

2,000 Developments in number of cases opened 1,000

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Complaint cases | 37

Who: In general, anybody can complain to the How: When the Ombudsman receives a com- Ombudsman, also if they are not a party to a plaint, he frst determines whether it ofers suf- case. A complaint cannot be anonymous. cient cause for investigation: in some cases the Ombudsman will be unable to consider a com- What: The Ombudsman considers complaints plaint, whereas in other cases he will choose not about all parts of the public administration and to open an investigation, for instance because in a limited number of situations also about pri- he would not be able to help the complainant vate institutions, an example being complaints achieve a better outcome. about conditions for children in private institutions. In a large proportion of complaint cases, the Ombudsman helps the citizen by providing The Ombudsman does not consider complaints guidance or by forwarding the complaint to an about courts or about tribunals which make de - authority, for instance in order that the authority cisions in disputes between private parties. will be able to consider the complaint or give the citizen more details of the grounds for a decision When: The Ombudsman’s task is to ensure that which it has made in the case. the authorities have observed the applicable rules. For this reason, the Ombudsman cannot In a number of cases, the Ombudsman discon - consider cases at frst instance; he can consider tinues his investigation because the authority a complaint only if the case has been consid- chooses to reopen the case, for instance after ered by the relevant authority – and by any being asked for a statement on the matter by appeals bodies. the Ombudsman.

There is a deadline of one year for complaints to In some complaint cases, the Ombudsman car- the Ombudsman. ries out a full investigation, which, among other things, involves obtaining statements from the authority and the complainant. The investigation may result in the Ombudsman choosing to criticise the authority and, for instance, recommend that it make a new decision on the matter. 38 | Annual Report 2019

What were the complaints about?

Access to public records under the telephone masts. The complaints typically con- Access to Public Administration cern issues relating to compliance with rules on Files Act etc. environmental protection and building legislation. The complaints under this heading are primarily In 2019, there were a large number of complaints about refusals by authorities to give access to about long processing times of authorities which information or documents. A large proportion of consider appeals against municipal decisions on the complaints are against the central government. environmental and building matters. Approximately half of the complaints received by the Ombudsman in 2019 about access to public Personnel matters (including freedom records were from journalists. of expression) The majority of complaints about personnel mat- Children ters are from public employees who are dissatis- The Ombudsman’s Children’s Division receives fed with a negative reaction from their employer, complaints from children and young people, but such as dismissal, a warning or a reprimand. For the complaints lodged with the Ombudsman in instance, a schoolteacher complained because he relation to children are especially from parents or was relocated to another school from one day to from other relatives or caregivers. Many complaints the next. A small proportion of complaints relate are about support measures for children and young to the freedom of expression of public employees. people. The Ombudsman also receives a number These complaints are made mainly by afected of complaints relating to schools. For instance, a employees or their union. mother complained because her son had been refused access to his municipal primary and lower Taxation secondary school for a week. Complaints relating to taxation are handled by the Ombudsman’s Taxation Division. They are Institutions for adults received from citizens and businesses, including The institutions which these complaints concern professional representatives of complainants, include prisons, psychiatric wards and institutions such as practising lawyers specialised in tax law for adults with disabilities. As residents and inmates and accountants. Examples of the subject matter typically spend 24 hours a day in the institution, the of complaints include property assessments, tax complaints cover all aspects of life. Examples are assessments based on estimates and long pro - contact with relatives and friends, the food availa- cessing times. For instance, a man complained to ble in the institution, dissatisfaction with a mattress the Ombudsman because after fve years he still or feelings of unsafety because of other residents had not received a reply to a complaint to the Tax or inmates. In addition, a small number of residents Appeals Agency. and immates complain about staf speaking to them in a rude manner. Social benefts and services Complaints concerning social benefts and services Environment and building account for a large proportion of the complaints Many complaints under this heading are made by received by the Ombudsman. The majority of these dissatisfed neighbours. Complaints may be about, complaints involve municipalities, Udbetaling Dan- for instance, loss of privacy due to overlooking mark (an authority responsible for a number of from a building, smells from a pig farm or noise public benefts) or the National Social Appeals from a school. The Ombudsman also receives a Board and are about, for instance, pensions, home number of complaints about wind turbines and help, cash beneft, accompaniment or technical Complaint cases | 39

aids. By way of example, a woman with partial paral - Foreign nationals ysis complained to the Ombudsman because her Although these cases generate much media application for fnancial support for a disability car coverage, they account for only a relatively small had been refused. proportion of the complaints received by the Ombudsman. A number of complaints under this Transport, communication and roads heading are about long processing times. In addi- A substantial proportion of complaints under this tion, the Ombudsman receives complaints from heading are about public roads or private commu- foreign nationals who are required to reside at a nal roads. Examples of situations which give rise departure centre and complaints about, among to complaints to the Ombudsman are neighbour other things, refusals of applications for humani- disputes or dissatisfaction with an order by a tarian residence permits, family reunifcation and municipality to maintain or provide access to a pri- visas. For instance, a Danish man complained to vate communal road. Other complaints concern, the Ombudsman because his spouse’s niece had for instance, public digital self-service solutions, been refused a visa on the grounds that she was media licence fees or the Radio and Television from a country whose citizens presented ‘a high Board – which became the subject of a great many risk of illegal immigration’. complaints when it decided to grant a broadcasting licence to another channel instead of Radio- 24syv in 2019.

23% 23% 21% 21%

9% 9% 6% 9% 9% 5% 6% 3% 3% 2% 5% 2% 3% 3%

s - ds en orc . dults ation vice ds ax er tionals Children or a ssion) TTaxation o Publicct etc ertts (includingxpre ss t s A t, communica o publice re or cc tion and roaroads Foreign nationalsna ess t Institutions ffor adults benefts and scial cc tion File virEnonment and building a onnelefr maedom of e Transport,Transp communica- AAccessunder to publicAAccess records to Public Environment and buildingfreedom of expression) ers o PPersonnel matters (including SSocial benefts and services dministr AAdministration Files Act etc.

Selected subject areas of complaints as percentages of all complaints received by the Ombudsman in 2019 Own- initiative inves ti ga - tions | 41

What: The core function of an ombudsman is Sometimes the Ombudsman will open an in- to investigate complaints from citizens. Howev- vestigation on his own initiative after following a er, opening investigations on his own initiative is case in the media. The Ombudsman monitors also a high priority for the Ombudsman. both local and national media.

Why: The objective of also giving high priority to External parties – such as professional commit- own-initiative investigations is to identify recur- tees for practising lawyers or accountants – ring errors made by authorities and in this way can also be a useful source of knowledge about be able to help a large number of citizens at the recur ring errors made by authorities. same time. Investigations of this type can thus have a great impact on the case processing by How: In general own-initiative investigations, authorities. the focus is expanded beyond specifc to more general problems, for instance by the Ombuds- In addition, priority is not only given to investi- man asking the authority to provide details of its gating cases where errors have been made – but practice in a specifc type of cases. Similarly, in also to preventing errors being made in the frst investigations based on a review of a number of place. specifc cases, it is not the individual case – but the general issue investigated – which is of cen- From where: Specifc complaint cases or tral interest. mon ito ring visits may give rise to suspicion of recurring errors and be the launch pad for an Own-initiative investigations typically have a for- own-initiative investigation. When the Ombuds- ward-looking focus in that solutions are pointed man is investigating a specifc case, his focus out and the authority given guidance on how is therefore, among other things, on problems matters may be rectifed. which characterise not only that particular case. 42 | Annual Report 2019

Selected own-initiative investigations

The freedom of expression of employees The digital self-service solution of Aabenraa Municipality of Haderslev Municipality In the autumn of 2017, the Ombudsman came A woman in the town of Haderslev had tried in across several instances of media coverage of vain to apply for orthopaedic shoes for her mother employees of Aabenraa Municipality having been via the municipality’s digital self-service solution. summoned to talks with their managements. The However, because of the way in which the self- employees had in various contexts expressed service solution had been designed, it was not critical views about the municipality in public. possible for the woman to submit an application on behalf of her mother. There was no informa- For instance, a health visitor had written a letter to tion about how citizens wishing to submit appli- the editor of an online newspaper about health- cations on behalf of others could do so without care cuts: using the digital self-service solution.

‘Dear Politician After receiving a complaint from the woman, the Ombudsman opened a general investigation of How do you think I can continue to make an im - the municipality’s digital self-service solution for portant diference as a health visitor to families applications for technical aids, consumer dura- with young children if we are not given resources bles and layout and interior design work for per- to match our current situation; (...)’ sons with functional impairment.

The Ombudsman pooled the fve cases in ques- The Ombudsman encountered several errors. He tion into one own-initiative investigation to be concluded, among other things, that it was un - able to identify any recurring errors. He conclud- fortunate that it was not expressly stated that it ed the case by criticising Aabenraa Municipality, is only compulsory to use the digital self-service stating, among other things, as follows: solution for applications for technical aids (such as orthopaedic shoes), but not for applications ‘Managements of public authorities are permit ted for, for instance, consumer durables or layout or to respond when an employee has express ed criti- interior design work. cal views in public. However, this must be done for a legitimate purpose and in a legitimate manner. However, the Ombudsman’s investigation of the The talks in this case were not conducted in a self-service solution of Haderslev Municipality manner which respected the employees’ free- also revealed some more general problems with dom of expression.’ the content and coordination of the guidance on www.borger.dk, the portal which provides a single (Case No. 2019-2) point of digital access for citizens to public sector services.

The Ombudsman therefore opened another gen - eral investigation, this time with the Agency for Digitisation. The Agency stated that it would im - prove www.borger.dk in a number of respects. Own-initiative inves ti ga tions | 43

In addition, the Agency would increase its efort When Customs and Tax Administration to inform the authorities about their responsibility IT system could not add interest for specifc sites and self-service solutions on Back in 2013, the IT system ‘Én Skattekonto’ www.borger.dk. (‘One Tax Account’) was put into operation. Businesses which had a negative balance in their (Case Nos. 2019-11 and 2019-22) account were liable to pay interest, but from the outset, the Danish Customs and Tax Adminis- tration (SKAT) was unable to charge businesses Review of 300 answers given by customer interest because of an error in the new IT system. centre The interest function was not fully functional until Every day, the customer centre of the Danish Tax after more than two years. Agency answers a large number of questions from citizens, by telephone and in writing. For this After receiving a complaint from a business in reason, the customer centre plays a signifcant 2017, the Ombudsman started digging into the role in citizens’ confdence in the tax authorities. matter. As own-initiative investigations often The Ombudsman asked to see 300 questions have a forward-looking focus, the Ombudsman from citizens and businesses – and the answers focused on how SKAT had handled the error and given by the customer centre – in chronological what the authorities could learn from the course order, starting from a random date, in order to of events. assess the guidance given. The Ombudsman concluded that SKAT had been The Ombudsman’s conclusion was positive: ‘My much too slow to provide guidance to businesses overall impression from my review of the 300 on the problem. As the Ombudsman put it when cases is that the customer centre gives citizens his statement on his investigation was published: and businesses fast, clear and easy-to-under- ‘(...) the case is also a reminder that if errors of stand answers to their questions. The answers this type do occur, the authorities have a special given by the customer centre are generally word - responsibility to inform afected citizens and ed in a friendly, helpful manner’, the Ombudsman businesses about the consequences for them.’ stated. The Ombudsman’s investigation revealed that However, the Ombudsman pointed out that some the basis for retrospectively charging the interest answers conveyed the impression that they were which had not been added while the interest decisions despite the fact that they were intend- function was not working was open to doubt. ed as a guide only. One of the problems in this However, the Ombudsman pointed out that the situation is that the citizen or business cannot applicable law on this issue was uncertain, and necessarily act, or refrain to act, in reliance on he therefore found that the question should be the answer. (See article on pages 8-14). resolved by the courts.

(Case No. 2019-25) (Case No. 2019-17) Summaries of selected statements The Ombudsman regularly publishes statements (in Danish) on selected cases on www.ombudsmanden.dk and on www.retsinformation.dk, the ofcial legal information system of the Danish state. Summaries are provided below of the statements which have been published on cases concluded in 2019. The summaries have been classifed under the ministries etc. which had the remit for the relevant areas at the end of the year. | 45

Ministry of Employment one of the other exemption provisions of the Act but The following statement on a case concluded in 2019 the conditions for applying the exemption provision in has been published: question are not met.

2019-26. Question of access to name of travel Thus, the Ombudsman found that the Board of Equal agency – decision by Board of Equal Treatment Treatment could not on the available basis deny The Board of Equal Treatment refused a journalist’s access to the name of the travel agency under section request for access to the name of a travel agency 33 paragraph (5) of the Act on the grounds that there which had violated the Act on Ethnic Equal Treatment was a need to protect the business interests stated, in connection with selling football trips. and he recommended that the Board reopen the case.

The journalist was denied access to the name with Ministry of Children and Education reference to the so-called general provision in section No statements on cases concluded in 2019 have 33 paragraph (5) of the Access to Public Adminis- been published. tration Files Act. In its decision, the Board stated, among other things, that disclosure of the name of Ministry of Industry, Business and the travel agency together with information that it had Financial Afairs violated the Act on Ethnic Equal Treatment could have No statements on cases concluded in 2019 have been far-reaching fnancial consequences for the agency. published.

The Ombudsman understood from the Board’s de - Ministry of Finance cision that the Board assessed that there was such The following statements on cases concluded in 2019 a need to protect business interests which may be have been published: grounds for refusal of access to information under section 30 paragraph (2) of the Access to Public Ad - 2019-8. Partial refusal by Ministry of Finance of ministration Files Act. At the same time, it was the Om - access to correspondence about solar cells budsman’s understanding that the Board assessed A journalist asked the Ministry of Finance for access that in the specifc case, access to the name could not to correspondence of the Ministry with the Ministry of be denied under section 30 paragraph (2) of the Act. Energy, Utilities and Climate about solar cells. The Ombudsman agreed with this assessment. The Ministry of Finance considered the journalist’s With regard to the Board’s reference to the general request under the Environmental Information Act and provision in section 33 paragraph (5) of the Access the 1985 Access to Public Administration Files Act. to Public Administration Files Act, the Ombudsman The Ministry denied access to various information in a pointed out that the general provision is not applicable number of fles with reference to the provision in sec - if the interest which the authority wishes to protect is tion 13(1) paragraph (6) of the 1985 Access to Public fully identical to an interest which is protected under Administration Files Act, on the grounds, among others, 46 | Annual Report 2019

that the information revealed parts of the content of On that basis, the Ombudsman had no grounds for documents of the case which were exempt from ac - criticising the decision of the Ministry of Finance. cess under the provision in section 10(1) of the 1985 Access to Public Administration Files Act. 2019-22. Coordination of and responsibility for guidance on digital self-service solutions on In the Ombudsman’s opinion access to some of the www.borger.dk information concerned could not be denied under the On 3 April 2019, the Ombudsman submitted a report provision in section 13(1) paragraph (6) of the Act on on the administration of Haderslev Municipality’s the grounds given by the Ministry. digital self-service solution for applications under sections 112, 113 and 116 of the Social Services On that basis, the Ombudsman recommended that Act for technical aids, consumer durables and layout the Ministry reopen the case and make a new decision and interior design work for persons with permanent on access. functional impairment (Case No. 2019-11). The Om - budsman’s report also addressed the situation where 2019-20. Ministry of Finance entitled to persons wished to submit applications on behalf of deny access to environmental information others. in correspondence about solar cells In a decision on a request from a journalist, the Min - The case occasioned the Ombudsman to consider istry of Finance denied access to various information some more general aspects in relation to the need for under the provision in section 13(1) paragraph (6) of clear information about which authority is responsi- the 1985 Access to Public Administration Files Act, ble for the individual pages on www.borger.dk1 and cf. the Environmental Information Act. The information the need for overall coordination of information and concerned correspondence of the Ministry of Finance guidance across the relevant pages on www.borger.dk, with other ministries about solar cells. including guidance on whether it is compulsory or optional to use the individual self-service solution and In connection with a previous investigation (Case No. guidance on how to submit an application on behalf of 2019-8) of a complaint in the same case, the Om - another person. budsman had stated that access to certain information could not be denied under the provision on the The Ombudsman subsequently opened a general grounds given by the Ministry. investigation with the Agency for Digitisation about the overall coordination of and the responsibility for In a new decision, the Ministry still denied access information and guidance concerning digital self- to some of this information under the provision in service solutions on www.borger.dk. section 13(1) paragraph (6) of the 1985 Access to Public Administration Files Act. The grounds given in The Agency for Digitisation stated to the Ombudsman this decision were that the information would reveal that it would take measures aimed to improve the content of assessments of a political nature, ne - www.borger.dk so that, among other things, relevant gotiating mandate, strategies, summaries of political information which citizens need before using a self- statements, the interpretation of political ties, etc. service solution was displayed. Examples were information about whether it is compulsory or optional to

1) A common public-sector portal providing a single point of access to the authorities’ digital self-service solutions and information about public authorities and services Summaries of selected statements | 47

use the individual self-service solution, information an actual course of events or factual circumstances about the options for submitting applications on be - would change and that the information could not be half of others, links to relevant legislation and clearer considered part of the factual basis of the case. information about which authority is responsible for the individual page and how the authority may be The Ombudsman had no grounds for criticising the contacted. Ministry’s assessment that those parts of the memorandum that contained the forecasts and cost esti- In addition, the Agency informed the Ombudsman mates were not subject to extraction. The Ombuds- that, in this connection, it would also increase its efort man essentially found that the memorandum did not to inform the authorities about their responsibility in contain any information which was to be released in relation to information and guidance about their digital addition to the information to which the journalist had self-service solutions on www.borger.dk. already been granted access.

The Ombudsman noted, among other things, that the In this connection, the Ombudsman stated that pre - Agency for Digitisation has a coordinating responsibil- vious Ombudsman practice regarding extraction ity across the www.borger.dk portal. In his opinion the expressed in two Ombudsman cases from 2004 and measures about which the Agency had informed him 2005, respectively, could not be fully upheld. In the were very relevant. In the light of the statement from Ombudsman’s opinion the overriding principle must the Agency, the Ombudsman took no further action be that an authority’s specialist assessments and es- on the matter on the available basis. timates etc. of the nature concerned regarding future circumstances cannot be considered to be subject to 2019-28. Prospective cost estimates in extraction. memorandum on Government’s climate and air package exempt from access Ministry of Defence The Ministry of Finance denied a journalist access to a No statements on cases concluded in 2019 have memorandum from the Ministry for the Government’s been published. Coordinating Committee on how much it was estimat- ed the costs of the climate and air package would Ministry of Justice necessitate drawing on the fscal space. The Ministry The following statements on cases concluded in 2019 decided the case in accordance with the provisions have been published: of the Environmental Information Act and the 1985 Access to Public Administration Files Act. 2019-3. Signifcant errors in press handling by Ministry of Justice did not serve to underpin The Ministry did release some of the information in confdence in Prosecution Service the memorandum in accordance with the provision of On 28 June 2018, the Minister of Justice endorsed the Access to Public Administration Files Act on the a recommendation from the Director of Public Pros- requirement to extract and grant access to informa- ecutions to bring a case before the courts under ti on about factual circumstances. However, the Mini- sec tion 78 of the Constitution to have a criminal gang stry declined to release the remaining information dissolved as an association. on the grounds that the information was specifc cost esti mates which were only forecasts subject to great The Ministry of Justice gave the news to two selected uncertainty. The Ministry further stated that the in- media as an exclusive, and it was agreed when the formation was the Ministry’s own estimates of how news could go public. The two media were sent a 48 | Annual Report 2019

press release and ofered interviews with, among The Ombudsman asked detailed questions about the others, the Minister of Justice and the Director of use of this technique. Among other things, he asked Public Prosecutions. It had been planned in advance the police whether the technique could involve a risk that the counsel who had been assigned to the gang of obstructing the deportee’s free breathing. was to be informed about the Minister’s decision later than the two media – more specifcally not until fve The police subsequently arranged for the technique minutes before the news would be made public by to be demonstrated to a doctor. In the doctor’s as- the media. sessment, the technique would not cause airway problems if the person’s head was only held briefy in The Ombudsman found that a news exclusive should this position and the hold was released when he or she not have been used in the case. In this connection, calmed down. the Ombudsman stated that exclusives can be used particularly in cases of a political nature, but that the The police also informed the Ombudsman that before specifc criminal case was not a case of a political the technique is used during a deportation, the escort- nature. The Ombudsman further stated that using an ing police ofcers are required to try to quieten the de - exclusive may leave the impression that the Prose - portee down verbally. In addition, the deportee must cution Service considers a specifc criminal case to be informed that the use of force will be discontinued be of a political nature – and that extraneous political when he or she calms down. considerations may therefore have played a part in the case. The fact that the police use force in certain situations to reduce screaming and shouting during deportations In addition, the Ombudsman found that informing the did not give the Ombudsman cause for comment. In two media about the Minister’s decision before the the light of the medical assessment, the technique counsel was informed – and the procedure which was which had been used by the police also did not give planned by the Ministry in this regard – was clearly him cause for comment. contrary to good administrative practice. Further, the Ministry’s failure to respond to two other media which However, the Ombudsman recommended the National inquired about the case was contrary to the adminis- Police to include directions on how the technique is to trative law principles of equality and legitimacy. be used, and on what conditions, in the internal guide - lines of the police on escorted deportations by air. Overall, the Ombudsman found that the Ministry of Justice had committed signifcant errors in the case The use of force during the specifc deportation did and that its course of action did not underpin conf - not give the Ombudsman cause for comment. The dence in the Prosecution Service. police had informed the Ombudsman that the police report on the deportation did not contain adequate 2019-4. Police use of force to reduce screaming documentation of the use of force, and the Ombuds- and shouting during deportations man agreed. During a forced deportation of a rejected asylum seeker, the deportee ofered resistance by, among 2019-6. Danish police ofcers did not neglect other things, screaming and shouting on the plane. obligations during deportation In order to reduce the shouting, the police ofcers Two legal case ofcers from the Ombudsman’s ofce escorting the deportee restrained him and bent his were present at a forced deportation by the police of head towards his chest several times. a number of foreign nationals. On arrival in the country Summaries of selected statements | 49

of destination, two foreign nationals refused to leave medicine for one of the foreign nationals was inade - the plane, and a local police chief hit the two depor- quate. As a result of the inadequate documentation, tees in the face. the Ombudsman was unable to assess whether it was an error that the foreign national was not ofered any The Danish National Police assessed that under the prescription medicine during the deportation. European Convention on Human Rights, the Danish police ofcers had the responsibility for protecting the On 6 February 2019, the National Police issued new two foreign nationals. guidance notes which clarify the obligations of Danish police ofcers during deportations. At the same time, however, the National Police assessed that due to, among other things, safety considerations, 2019-19. Obligation to provide guidance in the Danish police ofcers – and thus the Danish state connection with processing of case about access – did not neglect their obligations by not intervening to document towards the local police chief. On 30 May 2018, a journalist asked the Ministry of Justice for access to a report from an interdepart- The Ombudsman had no grounds for repudiating mental working group on a review of provisions on the assessment of the National Police that the two control and inspection visits by authorities to citizens foreign nationals were under the jurisdiction of the and businesses. The Ministry replied that it under- Danish authorities. In addition, he had no grounds for stood his e-mail as a request for access to the fnal criticising the assessment of the National Police that report from the working group and informed him that the police did not neglect their obligations during the the working group had not yet completed its work, and deportation. that therefore the fnal report was not yet available.

More specifcally, the Ombudsman agreed with the In a complaint to the Ombudsman, the journalist National Police, among other things, that it follows stated that he had obtained a report from the working from the practice of the European Court of Human group through other channels. The report was dated Rights in other areas that the positive obligations of a 2 March 2018 and, according to the text on the front state must not be interpreted in such a manner as to cover, was a ‘fnal report’. impose a disproportionate burden on the state and that, further, they must be determined by reference In a statement to the Ombudsman, the Ministry ex- to the situation at the time in question. On that basis, plained that the use of the designation ‘fnal report’ by states may be held responsible if, for instance, their the working group was misleading as the report was a authorities have failed to take reasonable measures draft which was originally to have been discussed at a to protect persons for whom the authorities are meeting of the Government’s Committee on Econom- responsible. ic Afairs on 21 March 2018.

The assessment of the National Police of the obliga- In the Ombudsman’s opinion the Ministry of Justice tion of the police to notify relevant authorities of any had delimited the journalist’s request for access too observations during an escorted deportation also did narrowly as the Ministry was in possession of the not give the Ombudsman cause for comment. report/a draft of the report at the time in question.

Further, the Ombudsman agreed with the National The Ombudsman found that it would have been nat- Police that the documentation regarding prescription ural and relevant for the Ministry to have guided the 50 | Annual Report 2019

journalist by informing him that it was in possession of strapped for the frst approximately two hours of the the report/a draft of the report from the working group deportation. in order to establish whether that was the material to which the journalist wanted access. In this connection, However, the Ombudsman found that there was not the Ombudsman referred to the obligation under adequate documentation that the police had made sect ion 7 of the Public Administration Act to provide a specifc, individual assessment prior to the next guidance. He added that according to the White Paper two times the deportee’s hands were strapped which on the Access to Public Administration Files Act, substantiated that the restraint was necessary and there may be particular reason to provide guidance, proportionate. especially when requests for access to public records have been made by media. 2019-30. Access to correspondence of Ministry of Justice with Commission of Inquiry on Overall, the Ombudsman found the Ministry’s pro- Customs and Tax Administration concerning cessing of the journalist’s request regrettable. establishment of IT infrastructure In a decision on a request from a journalist for access 2019-23. Police assessment of need to use force to the correspondence of the Ministry of Justice with during deportation not documented the Commission of Inquiry on the Customs and Tax A woman of foreign nationality was to be deported by Administration about the establishment of IT infra- the police together with several other foreign nationals. structure for the Commission, the Ministry stated that the correspondence had been exchanged in con nec- The police assessment prior to the deportation was tion with the Ministry carrying out secretariat work for that both she and the other deportees would seek the Commission. In the Ministry’s opinion, the docu- confrontation during the deportation. ments were therefore subject to section 27 paragraph (3) of the Access to Public Administration Files Act The woman’s hands were strapped in a transport belt and in principle exempt from access. for three periods during the deportation. The frst pe - riod was from when she was collected at an immigra- The Ministry stated that under section 1(5) of the Act tion detention centre until approximately two hours on Commissions of Inquiry, the Minister of Justice is to later, when she had boarded the plane. see that commissions of inquiry are provided with the necessary secretariat assistance and other practical The second period was from shortly before a stopover assistance. at Rotterdam until shortly after disembarkation at Rot- terdam, and the third from shortly before boarding of The Ombudsman found that there was not a sufcient another plane at Rotterdam until shortly after take-of. basis for the understanding of section 1(5) of the Act on Commissions of Inquiry on which the Ministry had The police described the deportee’s conduct during based its refusal. Further, the Ombudsman found that the deportation as ‘exemplary’. the assistance provided by the Ministry could not be considered secretariat assistance provided on The Ombudsman had no grounds for repudiating the a non-statutory basis. In the Ombudsman’s opinion assessment of the police of the need for the depor- the Ministry therefore could not refuse the journal- tee’s hands to be strapped when she was collected at ist’s request for access with reference to section 27 the immigration detention centre and to remain paragraph (3) of the Access to Public Administration Files Act. Summaries of selected statements | 51

The Ombudsman recommended that the Ministry of the Act, under which access to information may be Justice reopen the case and make a new decision in denied if non-disclosure is required because of the the light of what he had stated. special nature of the matter.

Ministry of Ecclesiastical Afairs On investigating the journalist’s complaint about the No statements on cases concluded in 2019 have Ministry’s new decision, the Ombudsman stated that been published. he had no grounds for criticising that the Ministry had denied access to certain information with reference to Ministry of Climate, Energy and Utilities section 32(1) of the Access to Public Administration No statements on cases concluded in 2019 have Files Act. In addition, he stated that, in essence, he been published. could not criticise the Ministry’s decision that, based on a specifc assessment, access to certain informa- Ministry of Culture tion could be denied under section 33 paragraph (5) The following statement on a case concluded in 2019 of the Act. The Ombudsman therefore took no further has been published: action in the specifc case.

2019-7. Ministry of Culture entitled to deny At the same time, however, the Ombudsman com- access to information in relation to communi - mented in more general terms that in his opinion cation with Royal House about Crown Prince’s section 33 paragraph (5) of the Access to Public participation in IOC Administration Files Act does not authorise withhold- The Ministry of Culture denied a journalist access ing information in order to protect the Royal House to various information in relation to the Ministry’s against, for instance, public debate about whether communication with the Danish Royal House about members of the Royal House have acted within the The Crown Prince’s participation in a meeting of the limits to their freedom to act as private individuals International Olympic Committee (the IOC) about (‘in a personal capacity’). Russia’s right to participate in the Olympic Games in Rio in 2016. Ministry of Environment and Food No statements on cases concluded in 2019 have In connection with a previous investigation (Case No. been published. 2018-13) of a complaint about the same case, the Ombudsman stated that in his opinion access to the Ministry of Taxation documents in question could not be denied under The following statements on cases concluded in 2019 section 23(1) paragraph (1) of the Access to Public have been published: Administration Files Act on internal documents as The Crown Prince had been acting in a personal capacity 2019-1. No authority for advance tax ruling and not ‘participating in the governing of the State’. A housing cooperative paid out DKK 360,000 to its The Ministry and the Royal House were therefore to members and subsequently requested an advance be regarded as distinct authorities in relation to the Act. ruling from the Danish Customs and Tax Administra- tion (SKAT) on the tax implications for its members. In a new decision, the Ministry referred to section SKAT made an advance ruling that the members 32(1) of the Access to Public Administration Files Act would be taxed on the amount paid out to them, and on the realm’s foreign policy interests etc. In addition, the ruling was subsequently upheld by the National the Ministry referred to section 33 paragraph (5) of Tax Tribunal. 52 | Annual Report 2019

The housing cooperative complained about the deci- replied in a letter headed ‘Ofer of partial cancellation’ sion of the National Tax Tribunal to the Ombudsman, that it could ofer her a partial cancellation of her who in this connection considered whether there was student loan debt, after which the balance was to be authority under the Tax Administration Act to make repaid over a period of fve or seven years. However, an advance ruling in the case. the partial cancellation was contingent on her accepting the ofer within four weeks. If she did not accept The transaction which the request for an advance the ofer within the time limit, her student loan debt tax ruling concerned was the decision of the housing would be neither fully nor partially cancelled. cooperative to pay out DKK 360,000 to its members. The woman appealed the decision to the Tax Appeals Section 21(2) of the Tax Administration Act and the Agency, writing, among other things, that she had de - explanatory notes to the Act state that an advance clined the ofer of a partial cancellation. The Agency ruling on the tax implications of a transaction for per- upheld SKAT’s refusal of full cancellation but did not sons other than the person requesting the ruling can consider the question of partial cancellation. be made only if the latter has not yet carried out the transaction but is only considering doing so. The Ombudsman stated that he had no grounds for repudiating the result of the decision of the Tax Appeals As the transaction had already been carried out when Agency that the woman could not have her student the housing cooperative requested an advance ruling loan debt cancelled in full. However, in the Ombuds- on the tax implications for its members, the Ombuds- man’s opinion SKAT had no authority to make the man agreed with the National Tax Tribunal that there legal efect of its decision on a partial cancellation of was no authority to make an advance ruling. SKAT the woman’s debt conditional on her accepting the should therefore have declined the request for an ‘ofer’ within a specifed time limit. The Ombudsman advance ruling. therefore found it regrettable that SKAT had used this procedure. The Ombudsman also agreed with the National Tax Tribunal that it was regrettable that the Tribunal had In addition, the Ombudsman stated that the Tax not checked whether SKAT had authority to make the Appeals Agency should have considered SKAT’s advance ruling. decision in its entirety, i.e. both the implied refusal of full cancellation of the woman’s student loan debt and The Ombudsman pointed out that, as a general rule, a the decision on partial cancellation of her debt, as the decision made without the necessary authority is in - Agency could not assume from the circumstances valid, and he recommended that the Tribunal consider of the case – including the woman’s appeal – that the the consequence of there being no authority for the woman was appealing only against the decision on decisions made in the case. refusal of full cancellation. If the Agency was in doubt whether she was appealing against both aspects of 2019-16. Legal efect of decision on partial can - the decision, it should in the Ombudsman’s opinion cellation of debt could not be made conditional have contacted her in order to clarify what she was on party’s acceptance of the decision appealing against. A woman applied for cancellation of her student loan debt. The Danish Customs and Tax Administration, SKAT, (now the Danish Debt Collection Agency) Summaries of selected statements | 53

2019-17. IT error meant Customs and Tax assuming that SKAT had been aware of the problem Administration was unable to charge interest before the system was put into operation. for more than two years In 2013, the IT system ‘Én Skattekonto’ (‘One Tax Ac - The Ombudsman found that SKAT’s guidance was not count’) was put into operation. Businesses which had adequate and not suited to guide businesses correctly a negative balance in their account were liable to pay about the problem. interest, which would be calculated on a daily basis and added on a monthly basis. In the Ombudsman’s opinion the basis for charging interest retrospectively was open to doubt. However, Shortly after the IT system had come into operation, it as he was of the opinion that applicable law gave no turned out that the interest function of the system was clear-cut answers, the Ombudsman overall did not not working. As a result, interest was not added and have sufcient grounds for repudiating the tax au - businesses were not charged interest during the frst thorities’ assessment of the question of retrospective six months, and this was still the case for many busi- charging of interest but found that the question should nesses during the following 18 months. The interest be resolved by the courts. function was not fully functional until more than two years after the system had come into operation. 2019-25. General own-initiative investigation of 300 cases from customer centre of Danish Tax The Danish Customs and Tax Administration (SKAT) Agency provided information about the problem on its website In a general investigation opened on the Ombudsman’s and in a newsletter to the professional association of own initiative, the Ombudsman reviewed 300 cases auditors just under six months after the system had from the customer centre of the Danish Tax Agency. come into operation. Only when the error had been The investigation was carried out under section 17(2) resolved did SKAT write directly to the businesses, of the Ombudsman Act, which authorises general informing them about the problem. However, some investigations by the Ombudsman of an authority’s businesses had previously received a letter – in which processing of cases. the problem was not mentioned directly. The cases consisted of written guidance given by the SKAT subsequently charged businesses interest if customer centre to citizens and businesses that had they owed tax at the time when the system became contacted the centre with questions on matters within fully functional. Businesses which did not owe tax at the remit of the Danish Tax Administration. that time were not charged interest even if they had previously had a negative balance in their account. The Ombudsman’s overall impression from his review of the 300 cases was that the customer centre had After being contacted by a business about the matter, given the citizens and businesses fast, clear and the Ombudsman decided to investigate a number of easy-to-understand answers to their questions. issues in relation to the IT system and the way in which SKAT had handled the problem with the interest In addition, the answers given by the customer centre function. were generally worded in a friendly, helpful manner.

The Ombudsman stated that it was extraordinarily In some cases, however, the Ombudsman found that unfortunate that an IT system with such defects was the recipient of the reply might have been in doubt put into operation at all, but that he had no basis for whether it was intended as a guide only or was to be 54 | Annual Report 2019

regarded as a decision. The Ombudsman therefore information and its assessment of suspicion in a stated that it was important that the customer centre number of linked specifc cases about which he had was more mindful in future of ensuring that it was received information from a practising lawyer. The conveyed clearly that the centre’s replies are intended lawyer represented a citizen who had received one of as a guide only. the 176 requests for material sent by SKAT. It was the lawyer’s understanding that SKAT had had a specifc Further, the Ombudsman was of the opinion that in a suspicion at an early stage of its processing of the few cases the customer centre had not answered the linked cases that his client had committed a criminal questions adequately or provided sufcient guidance ofence, and he added that his client should therefore on what the next step was. In addition, the Ombuds- have been informed about his rights under section man found some examples of answers which were 10 of the Act on Due Process in Connection with the unclear or misleading because they did not contain Public Administration’s Use of Compulsory Interven- sufcient background information or references to tion and Duties of Disclosure at an earlier date than where further information on the applicable law could he was. be found. The citizen had received several requests for material Finally, the Ombudsman found examples of answers and reminders from SKAT – at frst on the basis of which were not clear and easy to understand, typically information received by SKAT by virtue of a directive because specialist terms or jargon had been used on taxation of savings income in the form of interest without being explained. payments and later also on the basis of information from the Panama Papers. 2019-33. Non-compliance by Danish Customs and Tax Administration with Act on Due Process Based on an overall assessment of the information in Connection with the Public Administration’s in the linked cases, the Ombudsman concluded that Use of Compulsory Intervention and Duties SKAT had had grounds at an earlier point than con - of Disclosure in connection with requests for sidered by the tax authorities for a specifc suspicion information and assessment of suspicion in that the citizen had committed a criminal ofence. linked specifc cases (Panama Papers) The Ombudsman therefore found it regrettable that In 2018, the Parliamentary Ombudsman concluded a SKAT had not complied with the rules in section 10 of general investigation of whether the Danish Customs the Act on Due Process in Connection with the Public and Tax Administration (SKAT) had complied with Administration’s Use of Compulsory Intervention and the rules in section 10 of the Act on Due Process in Duties of Disclosure when requesting information Connection with the Public Administration’s Use of from the citizen. Compulsory Intervention and Duties of Disclosure on the privilege against self-incrimination in connection The Ombudsman stated that it could not be inferred with 176 requests for material which information from his conclusions in relation to the linked cases from the so-called Panama Papers had caused SKAT that errors had also been committed in the other cas- to send to citizens. In these requests, SKAT ordered es which had been opened on the basis of information the citizens to send in information so that it could be from the Panama Papers. However, he added that he established whether they owed tax to Denmark. assumed that – in the light of what he had stated – the Danish Tax Agency (formerly SKAT) would consider Following this general investigation, the Ombudsman whether there were grounds for a detailed review carried out an investigation of SKAT’s requests for of one or more of the other cases which had been Summaries of selected statements | 55

opened on the basis of information from the Panama as being wholly in favour of the carrier and that there - Papers. fore the decision is not required to be accompanied by guidance on appeal. 2019-34. The role of the carrier in connection with online shopping from non-EU countries. Ministry of Social Afairs and the Interior Guidance on appeal in decisions of the Danish The following statements on cases concluded in 2019 Customs Agency on customs duty etc. have been published: Information on the website of the Danish Tax Admin - istration caused the Ombudsman to open a general in - 2019-9. Documents about fnancial equalisation vestigation of the role of the carrier when citizens buy between municipalities were part of case con - products online from non-EU countries, including a cerning legislation and therefore exempt from question about delegation of decision-making powers. access On the website it was stated, among other things, that A journalist asked the then Ministry for Economic when a citizen buys a product online from a non-EU Afairs and the Interior and the Finance Committee country, it is the carrier that will calculate the customs (a committee of civil servants under the Ministry) for duty etc. payable on the product and that the citizen access to information about the educational qualifca- will pay the customs duty etc. to the carrier. tions of immigrants.

The Ombudsman noted that the carrier’s task of de - The request was connected with a letter sent by a claring customs, receiving the decision of the Danish municipality to the Ministry in October 2014 in which Customs Agency on customs duty etc. and paying the municipality had pointed out that the data under- customs duty etc. to the Agency is based on a private lying the criteria on which the system for fnancial law agreement between the citizen and the carrier. equalisation between municipalities was based lacked The agreement has the efect that the carrier will act information about the educational qualifcations of as the citizen’s representative in relation to customs. immigrants. As a result, some municipalities had been allocated too low and others too high fnancial On that basis, the Ombudsman found that there is no resources. delegation of decision-making powers to the carrier. The Finance Committee considered all its documents The Ombudsman also considered whether decisions on the matter to be part of a case concerning legisla- of the Danish Customs Agency on customs duty tion and therefore to be exempt from access, and the etc. must be accompanied by guidance on appeal. Ministry denied the journalist access to a number of The Ombudsman noted, among other things, that documents on the grounds that they were part of the customs duty etc. is calculated automatically in the same case concerning legislation. Agency’s electronic import system, that calculations of customs duty etc. are based exclusively on the The Ombudsman agreed with the authorities that information about product code, value and country of there was a case concerning legislation within the origin entered by the carrier and that this information meaning of section 20 of the Access to Public can yield only one result. Administration Files Act. The case concerned work on adjusting the system for fnancial equalisation Under these conditions and in the light of the special between municipalities which was prepared in the Fi- procedure laid down in relation to customs, the Om - nance Committee, and the issue of information about budsman agreed with the Danish Customs Agency the educational qualifcations of immigrants was part that a decision on customs duty etc. can be regarded of the basis for the work. 56 | Annual Report 2019

In addition, the Ombudsman agreed that all the docu - the children had not made it sufciently clear to them ments of the Finance Committee could be considered what the case concerned and on which information to be part of the case concerning legislation, and in the Board wanted the children’s comments. The Om- the Ombudsman’s opinion this was also true of the budsman added that in his opinion the consultation documents of the Ministry for Economic Afairs and had been conducted in an undesirable way which was the Interior. In reaching this conclusion, the Ombuds- not considerate towards the children. man gave weight to, among other things, the docu - ments having a direct and close connection, including In addition, the Ombudsman stated that in his opinion in terms of time, with the work carried out by the he did not have a sufcient basis for criticising that Finance Committee. the Board chose to call the employer whose name was stated in the notifcation in order to confrm the 2019-29. When children are consulted as parties mother’s identity. However, the Ombudsman was of to a case, it must be done in a manner to enable the opinion that the Board’s notes from the telephone them to understand what the case concerns conversation should have stated to whom the Board The National Social Appeals Board received an anon- had spoken and which specifc information had been ymous notifcation of concern about the well-being of passed on during the conversation. two children. Because of uncertainty about who the children’s mother was, the Board called her employer Further, the Ombudsman found that he could not to confrm her identity. criticise that the National Social Appeals Board processed the anonymous notifcation instead of In connection with its processing of the case, the forwarding the case to the municipality, which had not Board sent the two children consultation letters with previously received any notifcations about the family. documents from the case. The children were 12 and 14 years old, respectively, and the 12-year-old child 2019-32. No redress despite inadequate had a diagnosis of atypical autism. guidance on tax-free bonus by unemployment insurance fund The Ombudsman found that he could not criticise A woman applied to her unemployment insurance that, in cases of notifcations of concern about chil - fund for a tax-free bonus, for which members of an dren, the National Social Appeals Board as a general unemployment insurance fund may be eligible if they rule consults not only the holders of parental respon- postpone voluntary early retirement and continue sibility as parties to the case but, in the absence of working. The woman had continued working beyond special circumstances, also children aged 12 or over. the age at which she became eligible for voluntary The Ombudsman therefore found no grounds for early retirement – at frst as a part-time wage earner criticising the Board’s assessment that the 14-year- for just over two years and then as an assisting spouse old girl could be consulted. in her husband’s frm.

With regard to the 12-year-old boy, the Ombudsman The unemployment insurance fund and the appeals was of the opinion that he did not have sufcient bodies refused the woman’s application for a tax-free grounds for criticising the Board’s assessment that he bonus because she did not meet the requirement on could be consulted. the number of hours worked: she had not worked a sufcient number of hours in her part-time job, and However, in the Ombudsman’s opinion the way in because she was part-time insured against unemploy- which the Board had conducted the consultation of ment, the number of hours which she had worked in her husband’s frm did not count. Summaries of selected statements | 57

The authorities’ conception of the law in this connec- ance, the Ombudsman had no grounds for repudiating tion did not give the Ombudsman cause for comment. the Board’s assessment of the question of redress of the adverse efects of the guidance given by the unem- However, the woman pointed out that she had contact- ployment insurance fund. ed her unemployment insurance fund for guidance on voluntary early retirement and eligibility for a tax-free Prime Minister’s Ofce bonus when she stopped her part-time job to work The following statement on a case concluded in 2019 solely in her husband’s frm, and that the unemploy- has been published: ment insurance fund had informed her that her work would count towards her eligibility as long as she 2019-12. Material about construction of new continued to pay her membership fee. The woman district in Copenhagen exempt from access therefore found that her unemployment insurance A journalist asked the Prime Minister’s Ofce for fund was responsible for her losing her eligibility for a access to material about the project to construct tax-free bonus. an artifcial island, Lynetteholmen, of the coast of Copenhagen. The National Social Appeals Board criticised the guidance which the unemployment insurance fund The Prime Minister’s Ofce considered some of the had given the woman. However, the Board was of the documents to which the journalist had requested opinion that it could not order the unemployment access to be part of a case concerning legislation and insurance fund to redress the adverse efects of therefore exempt from access. its inadequate guidance – in other words place the woman in a position as if she had been given correct The reason why the Prime Minister’s Ofce found that guidance by her unemployment fund and had acted there was a case concerning legislation within the accordingly. meaning of the Access to Public Administration Files Act was that in order that the construction project The Ombudsman pointed out that the woman’s un - could be carried out, it was a prerequisite that a num - employment insurance fund did not – either at the ber of bills be introduced. time of its guidance or today – ofer the type of un - employment insurance which she would presumably The Ombudsman agreed with the Prime Minister’s have taken out if she had been given correct guidance. Ofce that the case was to be decided under the Thus, if the unemployment insurance fund had guided Environmental Information Act and the 1985 Access the woman correctly at the time, this would not have to Public Administration Files Act. resulted in her taking out full-time unemployment insurance with her unemployment insurance fund. In the Ombudsman’s opinion there was a case con - On that basis, ordering the unemployment insurance cerning legislation within the meaning of the Access fund to place the woman fnancially in a position as if to Public Administration Files Act at the time when the she had taken out full-time unemployment insurance documents to which the journalist had been denied at the time of its guidance would be tantamount to access were produced. ordering it to pay damages to the woman for the loss she might have sufered as a result of the guidance In this connection, the Ombudsman gave particular which she had been given. As such an order was not weight to the fact that the project had a specifc, de - a response which was available to the National Social limited content as the overall objective of the project Appeals Board within the feld of unemployment insur- was to construct a new district in Copenhagen, and to 58 | Annual Report 2019

the fact that in order for the project to be carried out, it The Ministry was of the opinion that disclosure of the was a prerequisite that a number of bills for construc - information would adversely afect the political negoti- tion acts and for an act on the establishment of the ations on Togfonden. frm of Lynetteholmen I/S be introduced (and passed). The Ministry informed the Ombudsman that the In addition, the Ombudsman agreed with the Prime information to which the journalist had been denied Minister’s Ofce that the documents to which the jour- access concerned the Government’s strategy for nalist had been denied access could be considered to the political negotiations with the signatory parties be part of the case concerning legislation. In reaching to Togfonden DK in relation to the prioritisation of a this conclusion, the Ombudsman gave weight to the number of projects. The Ministry also informed the fact that the documents concerned the Government’s Ombudsman that the signatory parties did not include internal decision processes just prior to the decision the government parties and that the Government did to initiate the construction project. The documents not support the signatory parties. thus had a direct and close connection with the legi - slative-political decision process, including in terms According to the Ministry, political negotiations were of time. still pending in relation to the vast majority of the projects despite the fact that the memorandum On that basis, the Ombudsman could not criticise the concerned the handling of Togfonden 2017, and the decision of the Prime Minister’s Ofce. prioritisation of the projects was of central importance in the political discussions. In the Ministry’s Ministry of Health opinion, non-disclosure of the information was there - No statements on cases concluded in 2019 have fore clearly required in order to protect the political been published. decision process in relation to a number of infrastruc - ture projects. Ministry of Transport and Housing The following statement on a case concluded in 2019 On that basis, the Ombudsman had no grounds for has been published: criticising the Ministry’s decision.

2019-21. Ministry entitled to deny access to Ministry of Higher Education and Science environmental information in memorandum on No statements on cases concluded in 2019 have strategy been published. A journalist complained to the Ombudsman because the Ministry of Transport, Building and Housing had Ministry of Foreign Afairs denied him access under the provision in section No statements on cases concluded in 2019 have 13(1) paragraph (6) of the 1985 Access to Public Ad - been published. ministration Files Act, cf. the Environmental Informa- tion Act, to various information in a memorandum on the strategy for handling Togfonden 20172 .

2) Togfonden DK (‘The Train Fund’) is a political settlement on major investments in the Danish rail network. Summaries of selected statements | 59

Ministry of Immigration and Integration that this was the reason why it was not sent to the The following statements on cases concluded in 2019 Ombudsman later. have been published: The Ombudsman found it a cause for concern that the 2019-5. Internal e-mail at Immigration Service Immigration Service had not found the e-mail earlier, comprised by Ombudsman’s request for fles of and in his opinion it was a clear error of judgement case that the e-mail was not considered to be subject to the In 2017, the Ombudsman concluded an investigation requirement to surrender documents to the Ombuds- involving the Ministry of Immigration and Integration man. In addition, the Ombudsman stated that the concerning an instruction which the Minister had issued course of events must give the Immigration Service in 2016 to the Danish Immigration Service about the and the Ministry of Immigration and Integration cause accommodation of married or cohabiting underage for consideration with a view to avoiding similar situa- asylum seekers. The Minister’s written instruction was tions and errors in future. supplemented by verbal instructions to the Immigra- tion Service. Overall, the e-mail did not give the Ombudsman cause to take further action in relation to what he had stated On investigating the matter, the Ombudsman con- in his report from 2017. cluded, among other things, that the written instruction was illegal by virtue of its content and involved a 2019-10. Length of processing time in case about considerable risk of incorrect decisions being made humanitarian residence permit a matter for in the specifc cases, and that the Ministry’s course of criticism. Unfortunate that question of deliberate action was a matter for extreme criticism. protraction could arise A practising lawyer complained to the Ombudsman In connection with his investigation, the Ombudsman about the processing time of the Ministry of Immigra- had asked for those of the fles of the Ministry and tion and Integration in a case about an application for the Immigration Service which ‘illustrate the author- a humanitarian residence permit on health grounds. ities’ legal deliberations in relation to the instruction’, The lawyer claimed that the Ministry had deliberately including, for instance, e-mails, ‘belly bands’, text protracted the case. messages, handwritten notes, etc. The Ombudsman found it a matter for criticism that Less than three months after the Ombudsman had con - the Ministry took more than 26 months to decide the cluded his investigation, an employee of the Immigra- case and that the case was at a standstill at the Minis- tion Service by chance found an internal e-mail from try for three periods totalling almost 16 months. the director of the Immigration Service about the view expressed verbally by the Minister in relation to the ac- The Ombudsman found no basis for establishing that com modation of married or cohabiting underage asy- the Ministry had in fact protracted the case delib - lum seekers at a meeting with the Immigration Service. erately. However – in the light of the circumstances in the specifc case, including the fact that medical The Ombudsman had not received a copy of the information which had been submitted had become e-mail in connection with his investigation. The Immi- obsolete due to the inadequate progress of the gration Service and the Ministry subsequently stated case at the Ministry – he understood why the lawyer to the Om b udsman that the e-mail did not illustrate claimed that the Ministry had done so. The Ombuds- legal de l ib erations in relation to the instruction, and man stated that he found it very unfortunate that the 60 | Annual Report 2019

Ministry had put itself in a situation where the question At the same time, the Ministry expressed its regret of deliberate protraction could arise at all. that some of the references it provided in its original decision were not fully adequate. The Ombudsman The Ombudsman had no grounds for criticising the concurred with this. practice of the Ministry of Immigration and Integration whereby medical details of the applicant, including The Ombudsman further stated that he found the information about whether the applicant’s disease Ministry’s total processing time of more than eight currently requires treatment, should be as recent months prior to its original decision very regrettable. as possible and as a general rule not older than six More specifcally, the Ministry had not carried out any months in order that a humanitarian residence permit actual processing in relation to the e-mail for a period may be granted on the basis of the medical details. of about seven months, after which it took the Ministry about fve weeks to process the case to conclusion. However, the Ombudsman was of the opinion that such a practice places a responsibility on the Ministry to There was a delay of some weeks during the fnal ens ure that the processing of this type of case does processing of the case due to the fact that the Min - not drag on. istry had chosen a time-consuming procedure for extracting and granting access to the information. In 2019-14. Freedom of choice of procedure for the Ombudsman’s opinion the fact that section 28 of extracting and granting access to information the Access to Public Administration Files Act gives is not sufcient grounds for delay in processing authorities a certain freedom of choice of procedure of request for access for extracting and granting access to information did An internal e-mail at the Ministry of Immigration and not constitute sufcient grounds for the delay. Integration contained information about the factual basis of a case which was subject to the right of acc ess 2019-15. Eforts of Ministry of Immigration and under section 28(1) of the Access to Public Admin - Integration to rectify errors following judgement istration Files Act on the requirement to extract and by European Court of Human Rights grant access to certain information. In its original In December 2016, the European Court of Human decision, the Ministry chose, with reference to section Rights made a judgement (in the case of Paposhvili v 28(2) paragraph (3) of the Act, to provide references Belgium) which had implications for Danish practice in to various locations on the Internet where the Ministry cases about humanitarian residence permits. How- considered the information to be publicly available in- ever, the Ministry of Immigration and Integration did stead of giving the journalist requesting access direct not change its practice until early 2018. A conse - access to the information. quence of this was that specifc cases were not pro - cessed correctly and that people were deported or While the Ombudsman was investigating a complaint otherwise left the country without their cases having from the journalist, the Ministry made a decision to been processed correctly in the light of the judgement. give the journalist access to the information in the form of a document listing the information which had The Ombudsman carried out an investigation on his been extracted. The Ombudsman subsequently stat- own initiative of the Ministry’s eforts to rectify the ed that the journalist had now been granted access errors which were the result of the Ministry changing to the information to which he was entitled under the its practice too late. Access to Public Administration Files Act. Summaries of selected statements | 61

The Ombudsman had no grounds for repudiating age their interests in relation to the case with the the Ministry’s view that it was not required to reopen Committee. cases about humanitarian residence permits in which the decision had been made and the applicant de- The Ombudsman concurred with the Ministry’s view ported prior to the judgement by the European Court that cases with the Committee fell outside the scope of Human Rights. In the Ombudsman’s opinion the of section 27 paragraph (4) of the Access to Public assessment of this issue should be left to the courts, Administration Files Act on litigation. and in future, when considering specifc complaints, he would be aware of the possibility of recommending However, the Ombudsman did not on the available that the complainant be granted free legal aid to have basis concur with the view of the authorities that the the issue considered by the courts. Board could refuse access to the correspondence under section 32(2) of the Access to Public Adminis- The Ombudsman had no comments on the criteria tration Files Act on foreign policy interests. In the Om - according to which the Ministry had determined which budsman’s opinion the provision was not applicable overall categories of cases to review in order to rectify to interests in judicial proceedings, and this was also any errors made. In addition, he had no comments on true of interests in proceedings with an international the criteria or methods which had been used to identi - complaints body. fy the individual cases which were reviewed. With regard to the Board’s reference to section 33 Further, the Ombudsman stated that in his opinion paragraph (5) of the Act, the Ombudsman stated that the Ministry had made sufcient and relevant eforts it could well be argued that the interests which section to contact persons who had been deported or had 27 paragraph (4) is intended to protect could be of otherwise left the country. some signifcance in the assessment whether access could be denied under section 33 paragraph (5). How- The Ombudsman criticised that the Ministry adjusted ever, the right of access may only be restricted under the guidance on www.nyidanmark.dk on the conditions that provision if a specifc assessment shows that for obtaining a humanitarian residence permit too late. non-disclosure of information is clearly required.

The Ministry explained to the Ombudsman how it The Board (or the Ministry of Justice) did not appear would ensure that a similar situation did not occur to have made such an assessment. again, among other things via a reorganisation of its procedures with a view to closer monitoring of inter- On that basis, the Ombudsman recommended that national judgements. the Board reopen the case.

2019-24. Refusal by board of access to procedural The Ombudsman further called the Board’s attention documents to be used by Ministry of Justice in case to, among others, the provision in section 30 para- with international complaints body graph (1) of the Act as a substantial amount of infor- The Immigration Appeals Board had refused a request mation about the private circumstances of individuals from a practising lawyer for access to correspondence was contained in the documents which had been which included draft procedural documents to be used withheld. The Ombudsman pointed out in this con - by the Ministry of Justice in connection with a complaint nection that the lawyer’s request for access had been case with the UN Human Rights Committee against made on behalf of persons who were not involved in the Danish state. The authorities stated that granting the specifc complaint case with the Committee. the lawyer access to the correspondence would da m - 62 | Annual Report 2019

Municipal and regional authorities etc. All fve cases thus illustrate problems of which au - The following statements on cases concluded in 2019 thorities must be aware when considering responding have been published: towards employees who have expressed their views in public. 2019-2. Talks with employees of municipality not conducted in a manner respecting their freedom In the Ombudsman’s opinion the course of events of expression – including the number of employees who were sum- A number of employees of a municipality were sum - moned to talks – was also liable to cause more general moned to talks with their managements because uncertainty among employees of the municipality they had publicly expressed their views about the about their right to express their views in public. municipality’s decision to move a special school or about healthcare cuts. In conclusion, the Ombudsman found that the way in which the municipality had handled the fve cases was The Ombudsman noted that four employees had overall a matter for severe criticism. been summoned to talks despite the fact that their statements were within the limits to the freedom of The Ombudsman noted information from the muni ci- expression of public employees. pality that there was agreement in the municipality’s general consultation committee to intensify the mu- According to the municipality, the talks were not nicipality’s information eforts as regards its commu- disciplinary hearings. However, in the Ombudsman’s nication policy and that guidance notes were being opinion the employees could justifably have got the prepared. impression that they were negative reactions to their statements. Thus, it was stated or implied during the 2019-11. Municipality’s digital self-service talks that the employees had acted in contravention solution did not comply with certain require - of, among other things, the municipality’s communica- ments of administrative law tion policy, and several of the employees apologised A complaint from a citizen caused the Ombudsman to for and expressed their regret about their statements open a general investigation of a municipality’s digital during the talks. self-service solution for applications for technical aids, consumer durables and layout and interior On that basis, the Ombudsman was of the opinion that design work for persons with permanent functional the talks were not conducted in a manner which re - impairment. spected – and recognised – the employees’ freedom of expression. In the Ombudsman’s opinion it was unfortunate that it was not expressly stated on the municipality’s website A ffth employee was given a written warning following and on www.borger.dk3 that it is only compulsory to use a disciplinary hearing. However, the Ombudsman the digital self-service solution for applications for tech- concluded that the grounds given by the municipality nical aids (such as arm or leg prostheses or orthopaedic were not sufcient for issuing a written warning. He shoes). The Ombudsman stated that it is important did not examine whether the municipality could have that authorities are aware, for instance when publish- taken disciplinary measures against the employee on ing information for citizens on their websites, whether diferent grounds.

3) A common public-sector portal providing a single point of access to the authorities’ digital self-service solutions and information about public authorities and services Summaries of selected statements | 63

it is compulsory or optional to use a digital self-service Administration collaborated on, among other things, solution. apprenticeships for socially vulnerable young people – to use a room at the company’s premises free of Further, the municipality’s digital self-service solution charge for a birthday party. was not designed to make it possible to submit applications on behalf of others, and the Ombudsman stat - Based on an overall assessment, the Ombudsman ed that the municipality had not ensured that express agreed with the municipality that there was not a friend - guidance was provided on its website on the option of ship between the Mayor and the manager of the com - exemption from using the compulsory digital self-ser- pany of a nature resulting in disqualifcation under sec- vice solution for applications for technical aids and on tion 3(1) paragraph (5) of the Public Administration Act. how to apply for exemption. It should also be ensured that guidance on this was provided on www.borger.dk. However, in the Ombudsman’s opinion the loan of Finally, guidance should be given that persons applyi ng the room for the Mayor’s birthday party was to be for consumer durables or layout or interior design regarded as a gift, which the Mayor should not have work on behalf of others may do so without using the accepted. The question whether the Mayor’s accept- municipality’s digital self-service solution. ance of this gift resulted in disqualifcation was open to some doubt, but overall the Ombudsman was of the The municipality and the then Ministry for Children opinion that the Mayor was disqualifed under section and Social Afairs both replied to the Ombudsman 3(1) paragraph (5) of the Public Administration Act in that they would take initiatives to ensure clearer guid - relation to any case concerning the company and its ance about the digital self-service solution. manager.

The Ministry further informed the Ombudsman The Ombudsman stated that, based on the available that it would initiate a dialogue among the relevant information, the Mayor had not in any way participated authorities in order to ensure coherent, user-friendly in the processing by the Employment and Integration guidance across the relevant pages on www.borger.dk Administration of any specifc cases about placement where diferent authorities are responsible for the of unemployed people in apprenticeships with the content. The Ombudsman recommended to the company. Even for that reason alone, he found that Ministry that, in that connection, clarity be ensured the processing by the Employment and Integration in the respects mentioned in his report. Administration of the cases was not fawed as a result of the Mayor being disqualifed. In addition, the Om- 2019-13. Municipality’s observance of rules on budsman found that the Mayor’s interest was not of disqualifcation in case about mayor’s relations such a nature that it might result in the employees of with privately owned enterprise the Employment and Integration Administration also The Ombudsman opened an investigation on his own being disqualifed. initiative with a municipality about its observance of the rules on disqualifcation. The Ombudsman made However, as a result of her being disqualifed, the May- the decision to open the investigation following media or should not have taken part in the decision to award reports that the then Mayor for Employment and the company a business prize – but the Ombudsman Integration had been allowed by a privately owned en - found no basis for recommending that the case be terprise – with which the Employment and Integration reopened. 64 | Annual Report 2019

2019-18. Criticism on Facebook of speech made 2019-27. Teacher’s comment on Facebook not by director of social and employment services unreasonably ofensive was within the limits to municipal employee’s In a comment on Facebook, a teacher at a municipal freedom of expression primary and lower secondary school wrote – via his own In a post on Facebook, a municipal trainee criticised profle – among other things that the school manage - a speech made earlier that day by the municipality’s ment ‘monitor and victimise people’. director of social and employment services during a staf day. The post included a statement in quotation After a disciplinary hearing had been held and the marks which could give the impression of being taken teacher consulted as a party to the case, the munic i - from the director’s speech. pality gave the teacher a written warning for his com - ment on the grounds that it overstepped the limits to Shortly afterwards, the trainee was summoned to a the freedom of expression of public employees. disciplinary hearing on the grounds that her post was disloyal. The municipality found that the quotation The Ombudsman took for his basis that the teacher’s marks gave the impression that the statement was comment refected specifc managerial actions car- a direct quotation from the speech – but that the ried out in relation to him, as he had – rightly or wrongly statement did not represent the content of what the – perceived these actions. director of social and employment services had said. The municipality therefore gave the trainee a written The Ombudsman stated that public employees are reprimand. entitled to express their views in, for instance, harsh or polemic terms as long as this does not result in state - The Ombudsman stated that, based on the available ments that are manifestly untrue or unreasonably information, the statement in the post was not a ofensive, and that there is room for using exaggerat- verbatim quotation of what the director of social and ed expressions to a certain degree. The Ombudsman employment services had said in his speech. More further stated that a management must to a large specifcally, the post left the impression that the di- extent tolerate public expression of diferences be- rector had drawn a more express parallel between the tween the management’s and employees’ perceptions problems of high unemployment in the municipality of managerial actions. area and child mortality in Africa in his speech than he appeared to actually have done. For this reason, the Based on an overall assessment, the Ombudsman Ombudsman was understanding of the municipality’s found that there were not sufcient grounds for con - wanting to refute the post. sidering the teacher’s comment to be unreasonably ofensive. However, the municipality did not have grounds for giving the trainee a written reprimand for her post, In addition, the Ombudsman found that the comment which in the Ombudsman’s opinion was within the could not – within the meaning of the applicable rules limits to public employees’ freedom of expression. – be regarded as manifestly untrue. The Ombudsman stated that public employees have a certain right to express their views in harsh and The Ombudsman therefore found that the comment polemic terms when participating in the public debate was within the limits to the freedom of expression of about their workplace, and that there is room for using public employees and that there was thus no basis for exaggerated expressions to a certain degree as long giving the teacher a disciplinary warning. as this does not result in statements that are manifestly untrue or unreasonably ofensive. Summaries of selected statements | 65

However, as the teacher’s comment on Facebook was Based on the available information, the Ombudsman highly critical of the school management and general was of the opinion that the woman had not accepted in form, the Ombudsman was understanding of the the cancellation of the agreement. The municipality’s fact that the municipality had found that it could not cancellation was thus to be regarded as unilateral. fail to act on the comment. The Ombudsman emphasised that the municipality would have been entitled On that basis, the Ombudsman stated that the cancel- to refute the comment in a diferent way as long as it lation could not be presumed to be in accordance with did not criticise the fact that the teacher had used his the views on false pretences taken in case law and freedom of expression. Ombudsman practice. In particular, he referred to the fact that when the municipality appointed the woman, 2019-31. Municipality had no basis for cancelling it had been aware of the relevant information about, employment agreement among other things, her sickness absence during her A municipality appointed a student of social educa- then traineeship. He added that the woman did not ap - tion as a paid trainee for a period of six months. Until pear to have failed to disclose essential information to further notice, her place of employment was to be a the municipality in connection with her appointment. school, and she was later moved to a residential facil - ity. The trainee only partly completed her traineeship The municipality had so far had no cause to con- – among other reasons because of sickness absence sider whether it could have terminated the woman’s – and her place of study therefore did not consider her employment with notice instead of cancelling the em- to have fulflled her training requirement. The munici - ployment agreement, and the Ombudsman therefore pality subsequently appointed the woman in a new had no basis for commenting on this question. six-month traineeship. Until further notice, her place of employment was to be one of the municipality’s The Ombudsman recommended that the municipality other residential facilities. reopen the case and in this connection consider the consequences of the fact that the municipality had no However, before the woman started her new trainee - basis for cancelling the employment agreement. ship, the municipality decided to cancel the employment agreement. The municipality was of the opinion Other authorities etc. within the that she had accepted not to go through with the Ombudsman’s jurisdiction traineeship. No statements on cases concluded in 2019 have been published. Extracts from news published on the Ombudsman’s website in 2019 The number of subscribers to the Ombudsman’s e-mail service, where an e-mail is sent out each time a news story is published (in Danish) on the Ombudsman’s website, was 4,106 as at 31 December 2019. To subscribe to the service, go to www.ombudsmanden.dk/nyhedsbrev/. The Twitter account @ombudsmanden_ had 1,854 followers.

The following pages contain extracts from news stories published by the Ombudsman in 2019 and an extract from one press release. Press releases are more factual and are typically about processes in major cases. Press releases are published on the Ombudsman’s website and distributed via Twitter but, unlike news stories, they are not sent to subscribers to the Ombudsman’s e-mail service. In 2019 the Ombudsman published four press releases. | 67

3 January report, the Ombudsman has informed the authorities Targeted efort has reduced worrying that the information which has now become available processing times of Ministry of Immi- does not change his assessment of the overall condi- gration and Integration in a short time tions for children housed at the Centre. The Ombudsman recently expressed ‘serious concern’ about the processing times of the Ministry of Immigra- In his report of 20 December 2018 the Ombudsman tion and Integration in cases about access to docu - concluded that children at Departure Centre Sjæls- ments or information. The Ministry has subsequently mark were – generally speaking – to be regarded as informed the Ombudsman that it has made a targeted living under difcult conditions. efort to reduce its processing times in these cases. 9 January Fresh fgures from the Ministry show that in recent Conference: Whistle-blowing and the months a special task force has signifcantly reduced right of public employees to whistle - the number of pending cases about access to docu - blow — the law, the current situation ments or information. and the dilemmas What is understood by whistle-blowing and the right 4 January of public employees to whistle-blow? What are the Ombudsman recommends Department rules? Are whistle-blowers adequately protected? of Prisons and Probation to increase its What are the dilemmas? awareness in relation to use of pepper spray These are some of the central questions which will be In 2017 pepper spray was used on inmates in Danish addressed at a conference hosted jointly by the Par- state and local prisons on 125 occasions – almost liamentary Ombudsman and Parliament’s Legal Af- twice as frequently as the year before. The Ombuds- fairs Committee. The questions will be explored from man now recommends that the Department of Pris- legal, sociological and legal-political perspectives. ons and Probation consider whether further initiatives are needed to ensure that pepper spray is used in 16 January accordance with the rules. Homeless man got his cash beneft back after a period on integration beneft 8 January In order for a person to be eligible for cash beneft, Departure Centre Sjælsmark: New he or she must be able to document having lived information about how long children in Denmark for at least seven out of the last eight had been staying at Centre does not years. According to the authorities a homeless man change Ombudsman’s assessment was unable to document this. His cash beneft was On 20 December 2018 the Ombudsman submitted a therefore discontinued and he was instead put on report on the conditions for children housed at Depar- integration beneft, which meant that he was paid less ture Centre Sjælsmark. than before.

Although it has now emerged that some children had Following the Ombudsman’s investigation of the mat- been staying longer at the Centre than stated his ter, the homeless man got his cash beneft back. 68 | Annual Report 2019

22 January 29 January Talks with employees of Aabenraa Course of action when news of case Municipality not conducted in a against criminal gang was made public manner respecting their freedom a matter for severe criticism of expression In June 2018 the Ministry of Justice announced a A number of employees of Aabenraa Municipality were decision to bring a case before the courts under sec - summoned to talks with their managements bec ause tion 78 of the Constitution to have a criminal gang they had expressed their views in public. On investiga- dissolved. On investigating the course of events, the ting the matter, the Ombudsman concludes that the Ombudsman describes the Ministry’s course of action talks were not conducted in a manner which respected as a matter for severe criticism. He concludes, among – and recognised – the employees’ freedom of ex pres- other things, that the Ministry disregarded general sion. principles of equality and legitimacy – and failed to treat the counsel for the gang correctly – in favour of 23 January attention in the media. Greater clarity in relation to immobi li sations with restraint 7 February belts of children and young people Separate accommodation of married in inpatient psychia tric care or cohabiting underage asylum seekers Children and young people in inpatient psychiatric – questions about new information care may be immobilised with restraint belts. When In March 2017 the Parliamentary Ombudsman sub- that happens, it is important that clear rules apply and mitted his fnal report on the case of separate accom - that the immobilisations are documented correctly. modation of married or cohabiting underage asylum For this reason the Ombudsman is pleased with new seekers. The Ombudsman found that the instruction initiatives aimed at providing greater clarity in relation issued by the Minister for Immigration, Integration and to immobilisations with restraint belts. Housing on 10 February 2016 to the Danish Immi- gration Service was illegal by virtue of its content and 24 January that the Ministry’s course of action in the case was a Employees were entitled to pass matter for extreme criticism. internal document about mayor’s wedding reception on to press The national daily newspaper Information today men- The City of Copenhagen has stated to the Parliamen - tions an internal exchange of e-mails at the Immigra- tary Ombudsman that if it was an employee of the City tion Service which took place on the day the instruc - who passed on an internal work document to the press tion was issued. about the wedding reception of the then Mayor for Employment and Integration, which was held at the In this connection the Ombudsman can inform that Copenhagen City Hall in August 2017, this was neither the newspaper sent the information in question to the illegal nor unacceptable. Ombudsman’s ofce on 30 January 2019.

On the basis of statements from the City of Copen - This caused the Ombudsman to contact the Ministry hagen, the Ombudsman has decided not to take any of Immigration and Integration on 1 February 2019. further action on the matter, which has increased the City’s focus on the right of its employees to whistle - blow. Extracts from news published on the Ombudsman’s website in 2019 | 69

4 March prisons. In 2018 unconditional placements in discipli- Criticism of long processing time in nary cells were used on 4,752 occasions as against case about humanitarian residence 2,579 occasions in 2015. permit A seriously ill man from Sierra Leone had to wait 26 Denmark has been criticised several times by the UN months for a decision whether he would get a human - and the Council of Europe for protracted placements itarian residence permit. The length of time was a mat- in disciplinary cells. ter for criticism, the Ombudsman states after looking into the matter. Among other things, he criticises that 19 March the case was at a standstill at the Ministry of Immigra- Ministry of Culture entitled to withhold tion and Integration for three periods totalling almost information about Crown Prince and 16 months. IOC A journalist asked for access to letters exchanged 7 March between the Ministry of Culture and the Danish Royal Much-debated e-mail does not alter House about The Crown Prince’s participation in a Ombudsman’s previous conclusion in meeting of the International Olympic Committee (the case about separate accommodation IOC) about Russia’s right to take part in the Olympic of married or cohabiting underage Games in Rio in 2016. The IOC is a private organisa- asylum seekers tion, and The Crown Prince participated in a personal An e-mail of 10 February 2016 from the then director capacity. of the Danish Immigration Service to other employees of the Immigration Service has been the subject of The Ombudsman concludes that the Ministry of Cul- pub lic debate over the last few weeks. ture was entitled to deny the journalist access – based on a specifc assessment – to the major part of the The Parliamentary Ombudsman has today informed correspondence. the Ministry of Immigration and Integration that, based on an overall assessment, the e-mail does not give him 20 March cause to take further action on the matter, and that New practice for calculation of therefore what he stated in his report of 23 March compensation for loss of earnings for 2017 still stands. self-employed people A professional composer and producer who had 18 March to look after his seriously ill baby daughter at home Ombudsman to investigate use of received DKK 83 per day in 2013 by way of compen - disciplinary cells in state and local sation for loss of earnings. prisons In 2019 the Ombudsman’s Monitoring Department After the Ombudsman opened an investigation of the will have special focus on the form of solitary confne - matter, asking the National Social Appeals Board to ment which is called placement in disciplinary cells. answer a number of questions, the Board changed its decision and the composer now has prospects Placements in disciplinary cells are increasingly used of being paid much higher amounts for 2013 and against inmates who violate rules in state and local subsequent years. 70 | Annual Report 2019

21 March 27 March Department of Prisons and Probation Ombudsman setting up new division to stress that rules on use of pepper dedicated to cases about access to spray must be observed public records In the light of a specifc case the Ombudsman recently As a result of an increasing number of complaints in recommended the Department of Prisons and Pro- cases about access to public records, the Parliamen - bation to consider whether further initiatives were tary Ombudsman is now setting up a division dedicat- needed to ensure that the rules were observed when ed to processing these cases. The new division will be pepper spray was used on inmates in Danish state operational from 1 May. and local prisons. In this connection the Ombudsman pointed out that the use of pepper spray had almost 28 March doubled over the past few years. Obligations of Danish police ofcers during deportations clarifed The Department of Prisons and Probation has now During a forced deportation of foreign nationals to replied that it will be stressed that the rules on use of Afghanistan, several Danish police ofcers saw an pepper spray – including in regard to when pepper Afghan police chief hit two of the Afghan deportees spray may be used and what documentation is re - in the face with the fat of his hand on the plane at the quired – must be observed. airport in Kabul. Afterwards, the Danish National Po - lice assessed that the Danish police ofcers had the 25 March responsibility for protecting the Afghan nationals, but Ombudsman to focus on younger that due to, among other things, safety considerations, children in care outside their home they did the right thing by not intervening. in 2019 In 2019 staf of the Ombudsman’s Children’s Division On investigating the matter, the Ombudsman con- are going to visit a number of residential institutions cludes that he has no grounds for repudiating the and accommodation facilities for children in care assessment of the National Police. where some or all residents are aged six to 12 years – as the theme for this year’s monitoring visits by the 3 April Children’s Division is younger children placed in social Digital self-service solution of care outside their home. Haderslev Municipality did not comply with certain requirements 26 March of administrative law Minor inmates’ rights strengthened Citizens of Haderslev Municipality with functional The rights of the small number of 15- to 17-year-olds impairment who want to apply for technical aids, who are placed in state or local prisons have been consumer durables or layout or interior design work strengthened in several respects. This has happened under the Social Services Act will get the impression after, among other things, monitoring visits by the that it is compulsory to use the Municipality’s digital Ombudsman, in which connection the Ombudsman self-service solution. But that is not always the case, raised a number of questions with the authorities. the Ombudsman emphasises in a recent report. Extracts from news published on the Ombudsman’s website in 2019 | 71

The case has occasioned the Ombudsman to empha- 8 May sise – in line with previous statements in other cases Conclusion of investigation of specifc – that if digital self-service solutions have not been aspects in relation to initiatives designed to enable applications on behalf of others, it following Paposhvili case: Ministry of must be possible to submit such applications without Immigration and Integration has done using the digital self-service solution. The Ombuds- enough to rectify errors man also stresses that the responsible authorities The Minister for Immigration and Integration has must provide guidance on this option. previously expressed her regret about the Ministry not having processed a number of cases about humani - 9 April tarian residence permits correctly following the judge - Dry rules provide quality in public ment by the European Court of Human Rights on 13 administration December 2016 in the case of Paposhvili v Belgium. Rules on the duty to take notes and keep records and on other forms of documentation easily conjure up The Ombudsman has today submitted his report on images of useless bureaucracy. However, in an article the case. He has found no grounds for taking further in his Annual Report for 2018, which has just been action and states, among other things, that the Minis- published, the Ombudsman defends these dry and at try of Immigration and Integration ‘has made relevant times much-maligned rules. and sufcient eforts to contact those who were de - ported or otherwise left the country whose cases had 10 April not or might not have been processed correctly’. Mayor’s acceptance of ofer of loan of room resulted in disqualifcation 16 May When the then Mayor for Employment and Integration IT error meant Customs and Tax of the City of Copenhagen accepted an ofer from a Administration was unable to charge privately owned enterprise of a loan of a room for a interest for more than two years party, this was contrary to the rules on acceptance of As part of modernisation eforts of the Danish Cus- gifts by public employees and disqualifed her in re - toms and Tax Administration (SKAT), all businesses lation to the company. For this reason she should not got a digital tax account – ‘Én Skattekonto’ (‘One Tax have taken part in the decision to award the company Account’) – in 2013. However, a system error meant a business prize. that for up to 26 months SKAT did not charge businesses interest – as it was required by law to do. This This is the conclusion of a statement from the Parlia- may have resulted in, among other things, errors in the mentary Ombudsman. annual accounts of businesses.

11 April This is the conclusion of a statement from the Parlia- Ombudsman ofers legal updates on a mentary Ombudsman which has been published to- quarterly basis day. The Ombudsman’s investigation focused, among If you want to keep updated on legal news from the other things, on SKAT providing inadequate guidance Ombudsman, you can now get an overview in your to businesses. inbox once a quarter. 72 | Annual Report 2019

7 June These are some of the questions which moderator Ombudsman notifes Parliament of Hans Engell will ask Parliament’s watchdogs at this increasing problems with collection of year’s People’s Political Festival. child support payments The extent to which single parents have to wait for child 20 June support payments due to them continues to increase. Critical post on Facebook was within Those afected are parents who are not entitled to limits to municipal employee’s freedom advance child support payments from the state but of expression have to wait until the payments due to them have been A critical post on Facebook by an employee of Odense collected from the other parent. Municipality about a speech held by an executive during a staf day was within the limits to public employees’ After investigating and following the matter over a freedom of expression. So says the Ombudsman in a period of time, the Ombudsman has now closed his statement to Odense Municipality – while at the same investigation and instead notifed Parliament of the time expressing understanding that the Municipality problem. wanted to refute the post.

7 June 21 June New Deputy Director General of Ombudsman recommended for Ombudsman institution appointment as new Supreme Court Lennart Lindblom will be the new Deputy Director justice General of the Ombudsman institution from 1 August The Judicial Appointments Council has today an - 2019, thereby joining the top management team of nounced that it recommends that Parliamentary the institution, which has a total staf of approximately Ombudsman Jørgen Steen Sørensen be appointed 115. as Supreme Court justice.

11 June 1 July The People’s Political Festival: Doesn’t Emphasis is placed on best interests of the public administration listen to children with asylum background Parliament’s watchdogs? Many unaccompanied underage foreign nationals Parliament has appointed independent watchdogs have major problems. However, the children’s asylum with the task of ensuring that the public administration centres and private accommodation facilities for, complies with rules and regulations – and does so in among others, children and young people with an asy- an efcient manner. But why did the public administra- lum background visited by Ombudsman staf place tion fail to heed warnings from the Auditor General’s emphasis on ensuring that the best interests of the Ofce and the Public Accounts Committee about the children and young people come frst. This is a central Danish Customs and Tax Administration (SKAT) and conclusion of the investigation which the Parliamenta- the National Board of Social Services? Did the author- ry Ombudsman has just completed of conditions for ities abide by the Ombudsman’s criticism in the case children and young people with an asylum background. about separation of young asylum-seeking couples? The investigation focused particularly on use of physical And is the system less responsive today than previ- force and the practices of asylum centres and accom - ously to criticism from the watchdogs? modation facilities in relation to notifying the municipality of concerns about the well-being of a child. Extracts from news published on the Ombudsman’s website in 2019 | 73

20 August 9 September Ombudsman: Decision by public Ombudsman appointed new Supreme authority cannot be called an ‘ofer’ Court justice When the tax authorities decide that a citizen can The Supreme Court has today announced that the have a debt to a public authority cancelled, this is a Parliamentary Ombudsman, Jørgen Steen Sørensen, decision – not an ofer – the Ombudsman has estab - has passed the test required to become a Supreme lished on investigating a specifc case about a woman Court justice by satisfactorily rendering his opinion in receiving an ‘ofer’ from the Danish Customs and Tax four Supreme Court cases. Administration, SKAT. This means that the Ombudsman will take up ofce as 26 August a Supreme Court justice on 1 November 2019. Ombudsman: Inmates and remand prisoners excluded from association 10 September should be better protected from Police must on an ongoing basis adverse psychological efects reconsider need to use force during In several respects more can be done to protect deportations inmates and remand prisoners from adverse psycho- During a police deportation of a foreign national, it logical efects when they are excluded from associ- may be necessary to use force, for instance in the ation with other inmates or remand prisoners. This is form of plastic strips around the deportee’s wrists. the message from the Parliamentary Ombudsman However, the Ombudsman stresses on the basis of following visits to eight state prisons and nine local two specifc deportations that when force is used prisons. during a deportation, the police should consider on an ongoing basis whether it is still necessary to use force. 4 September The reason is that any use of force must be necessary Faster replies to applications for and proportionate for its entire duration, which follows retention of Danish citizenship from the rules of law applicable to police deportations. Young Danish expatriates wait a considerably shorter time today for a reply to applications for retention of 16 September Danish citizenship. The processing time decreased Update on case about separation of appreciably in 2018 compared to previous years – young asylum seeking couples the average now being approximately eight months The Parliamentary Ombudsman does not at this point – and the number of pending cases has been reduced in time expect to receive any more material from the signifcantly. Ministry of Immigration and Integration in the case about separation of young asylum seeking couples. The Ombudsman took up the case back in 2014 after The Ombudsman has today written this to the Ministry being contacted by an association for Danish expatri- after it has been decided to set up a commission of ates. The investigation carried out by the Ombudsman inquiry into the matter. at that time showed that young Danish expatriates had to wait an average of 15.5 months for a decision on ‘The main task of the Ombudsman institution in whether they could retain their Danish citizenship, and this matter has been to ensure that the rights of the that many had to wait more than two years. afected couples under Danish law and international conventions are respected. I consider this task ac- 74 | Annual Report 2019

complished. Now that it has been decided to set up a 23 October commission of inquiry, the clear presumption must be School management must tolerate that further investigation of the matter will take place critical Facebook comment in the commission of inquiry’, says the Parliamentary ‘The management monitor and victimise people’, a Ombudsman, Jørgen Steen Sørensen. schoolteacher wrote, among other things, on Face- book about the management of the municipal primary 18 September and lower secondary school where he worked. Citizens get fast and clear answers from customer centre of Danish Tax Agency The Ombudsman now concludes that the teacher’s The customer centre of the Danish Tax Agency gen- comment was within the limits to the freedom of erally gives fast and clear answers. This is the con - expression of public employees. For this reason it was clusion of a review of 300 cases from the customer unjustifed for the municipality to give the teacher a centre which the Ombudsman has just completed. disciplinary warning.

26 September 24 October Foreign nationals have not had Press release: Parliament elects interim decisions on requirement to reside at Ombudsman departure centre and report to police Parliament has today elected Henrik Bloch Andersen, reassessed High Court Judge, interim Ombudsman from 1 No - Foreign nationals with tolerated residence status vemb er 2019 until a newly elected Ombudsman is have not had the decisions that they are required to able to take up ofce. Henrik Bloch Andersen is a reside at a departure centre and report to the police judge at the High Court of Eastern Denmark and has at specifed intervals reassessed for a long period of until now acted as a so-called ‘ad hoc ombudsman’ in time. The Ombudsman therefore now criticises the cases where the Ombudsman has been disqualifed. Immigration Service and the National Police. 25 October 9 October Possibility of legislating to secure When children are consulted as parties private school pupils’ right to be heard to a case, it must be done in a way so now to be discussed they can understand what the case is Despite comprehensive information campaigns, the about views of children in private schools are in many cases When children are consulted as parties to a case, it not included, as stipulated by the UN Convention on must be done in a way so they can understand what the Rights of the Child, before they are removed or the case is about and in a way which is considerate expelled from a school. towards them. This is a central message in a specifc case which the Ombudsman has just concluded about For this reason the Ministry of Children and Education a notifcation of concern about the well-being of two has informed the Ombudsman that steps will now be children. taken to discuss with the parties in Parliament the possibility of legislating to secure this right. Extracts from news published on the Ombudsman’s website in 2019 | 75

31 October 26 November Interview with Ombudsman on DR2 Niels Fenger elected new Ombudsman Deadline Parliament has today elected Niels Fenger new The Parliamentary Ombudsman, Jørgen Steen Ombudsman. He is replacing Jørgen Steen Sørensen, Sørensen, today resigns as Ombudsman to take up who has taken up ofce as a Supreme Court justice. ofce as a Supreme Court Justice. 20 December In this connection the Ombudsman has been inter- Non-compliance with rules on privilege viewed on DR2 Deadline. Among other topics, he against self-incrimination in specifc spoke about the current situation of the Ombudsman case involving information from institution, about signifcant cases and topics of cases Panama Papers during his time as Ombudsman and about the future A man was ordered to send information to the Danish of the institution. Customs and Tax Administration (SKAT) – without being informed that he was under suspicion of com - 11 November mitting a criminal ofence and thus not required to Journalist granted access to name of contribute to the investigation of the case. In his state - travel agency which had violated Act on ment on an investigation which he has just completed, Ethnic Equal Treatment the Ombudsman therefore concludes that SKAT Following a statement from the Ombudsman, a jour- did not observe the rules on the so-called privilege nalist has been granted access to the name of a travel against self-incrimination. agency which had violated the Act on Ethnic Equal Treatment.

All news stories can be read in full (in Danish) at www.ombudsmanden.dk. Monitoring activities | 77

Monitoring activities – adults and children

Where: The Ombudsman carries out monitor- How: During monitoring visits, the Ombudsman ing visits to public and private institutions, espe - often gives recommendations to the institutions. cially institutions where persons are or may be Recommendations are typically aimed at im - deprived of their liberty, such as prisons, social proving conditions for users of the institutions care institutions and psychiatric wards. and in this connection also at bringing conditions into line with the rules. Recommendations Why: The purpose of the Ombudsman’s moni- may also be aimed at preventing, for instance, toring visits is to help ensure that daytime users degrading treatment. of and residents in institutions are treated with dignity and respect and in compliance with their Monitoring visits may also cause the Ombuds- rights. man to open investigations of general problems.

The monitoring visits are carried out in accord- Who: The Monitoring Department carries out ance with the Ombudsman Act as well as the monitoring visits to institutions for adults, Optional Protocol to the UN Convention against where as the Ombudsman’s Children’s Division Torture and Other Cruel, Inhuman or Degrading carries out monitoring visits to institutions for Treatment or Punishment (OPCAT). Pursuant children. The Ombudsman’s special advisor on to this Protocol, the Ombudsman has been ap - children’s issues participates in monitoring visits pointed ‘National Preventive Mechanism’. The to institutions for children and, if deemed rele - task is carried out in collaboration with DIGNITY vant, in visits to institutions for adults. – Danish Institute Against Torture and the Danish Institute for Human Rights, which contribute with Usually, a medical doctor from DIGNITY – Danish medical and human rights expertise. Institute Against Torture participates in the visits, and a human rights expert from the Danish Insti- The Ombudsman has a special responsibility to tute for Human Rights (IMR) will often participate. protect the rights of children under the UN Con - vention on the Rights of the Child etc. 78 | Annual Report 2019

Monitoring activities – adults

Theme for 2019 As part of the theme for 2019, the Ombudsman’s visiting teams visited three closed prisons, two Disciplinary cells open prisons, 11 local prisons and the Prison and The form of solitary confnement called placement Probation Service immigration detention centre. in disciplinary cells (‘strafcelle’) may be used as a The visiting teams focused especially on disciplinary sanction when an inmate breaks the rules of the Prison and Probation Service. Inmates • whether the Prison and Probation Service ob - placed in a disciplinary cell may be in solitary con - serves the rights of the inmates when question - fnement for up to 23 hours a day. The inmate is ing them entitled to one hour a day outside in the prison ex- • whether the documentation in records lives up ercise yard and to work in his or her cell. to the rules • whether the Prison and Probation Service takes The Ombudsman chose as the theme for 2019 preventive measures against adverse psycho- to investigate the use of disciplinary cells. The logical efects on inmates placed in disciplinary reasons for the choice of theme were that solitary cells confnement may have adverse psychological • whether the healthcare staf are informed of and efects and that the use of disciplinary cells in state attend to inmates who are placed in disciplinary and local prisons has risen sharply over recent cells years. The Ombudsman’s overall assessment The Prison and Probation Service has laid down • The guidelines of the Prison and Probation Ser- guidelines for how the most common transgres- vice should in certain areas be changed with a sions are normally to be sanctioned. For instance, view to ensuring the legal rights of the inmates an inmate is normally sanctioned with 15 days in a when it is decided to place them in a disciplinary disciplinary cell the frst time the inmate is caught cell and in order to take preventive measures with a mobile phone in a closed prison. against adverse psychological efects as a result of placement in a disciplinary cell. Before the sanction of placement in a disciplinary cell is imposed on an inmate, statements must be Examples of the Ombudsman’s general taken and the statements must be put on record. recommendations The upper limit for placing an inmate in a discipli- • that the institutions under the Prison and Proba- nary cell is four weeks at a time. However, the inmate tion Service ensure that the inmate understands can be placed in a disciplinary cell – or be excluded what is said during a disciplinary hearing, and from association with others – for a longer period. increase the use of interpreters

Reports on the themes for our monitoring visits can be found at www.ombudsmanden.dk by clicking next to the small globe icon at the top of the site, selecting ‘English’ and clicking ‘Read more’ under the heading ‘About the Ombudsman and complaints’ and then ‘Publications’. | 79

• that the institutions under the Prison and Proba- Authority to use body scanners to be provided: tion Service ensure precise and adequate docu- During a monitoring visit to the Maximum Security mentation in the records and ensure continuous Department of Slagelse Psychiatric Hospital (‘Sik- quality control ringsafdelingen’) the visiting team were informed • that the Department of Prisons and Probation that visitors had to go through a body scanner. The considers drawing up guidelines on the preven- Ombudsman raised the question of the authority to tion of adverse psychological efects as a conse - use body scanners with the Ministry of Health. The quence of placement in a disciplinary cell Ministry informed the Ombudsman that authority • that healthcare staf are informed of inmates to use body scanners would be provided under the placed in disciplinary cells Mental Health Act.

See the Ombudsman’s specifc recommendations The Prison and Probation Service looks into the (extracts) in the tables on pages 80-89. procedure for inmates’ correspondence with the Department: A complaint made the Ombuds- Cases concluded in 2019 in relation to man aware that the Department of Prisons and monitoring activities Probation had sent a letter to an inmate via the 12 own-initiative cases were concluded in 2019. prison. The prison staf printed out the e-mail with Eight of these cases were opened in direct con - the letter and put the letter in an envelope for the tinuation of monitoring visits. Two of the cases re - inmate. The Ombudsman started an investigation sulted in criticism and informal recommendations, of this practice. The Department would look into respectively. the procedure for correspondence with inmates and ensure that inmates can correspond unmoni- In addition, 21 cases on suicide attempts, deaths tored with the Department regarding, for instance, etc. in institutions under the Prison and Probation complaints about the staf’s behaviour towards Service or in police custody were concluded in the inmates. The Ombudsman then concluded his 2019. Three of the cases resulted in criticism. investigation.

Selected investigations Gang members must be heard before transfer: The correct doctor’s certifcate must be com - 33 inmates complained about having been trans- pleted before placement in detention cell: A man ferred to another prison section because they had died while placed in a detention cell for intoxicated biker or other gang afliations. The Ombudsman persons. In the police car on the way to the deten - opened a general case on the processing of such tion cell, he was briefy examined by a doctor but cases. The Ombudsman found it regrettable that no doctor’s certifcate was completed. The Om - the inmates had not been heard in all instances and budsman looked into what requirements apply to a that the rules on, among other things, the duty to medical examination and the use of a doctor’s cer- take notes had not been observed in all instances. tifcate before persons are placed in a detention The basis for the Department’s identifcation of in- cell for intoxicated persons. The Danish National mates as gang-afliated did not otherwise give the Police stated, among other things, that steps would Ombudsman cause for comment. be taken to ensure that all police districts use the Danish Medical Association’s doctor’s certifcate form, which sets out the medical examinations which the doctor must perform. The Ombudsman then concluded his investigation. 80 | Annual Report 2019

Where did we go in 2019?

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 30 visits in total 309 43 30 17 Visits concluded with recommendations: 24 talks talks visits visits Visits concluded without recommendations: 2 Not concluded at the time of going to press: 4

10 Jan. ‘Holbæk Arrest’ Local prison particularly • Ensure that guidance on the possibility of complaint is only given when there is access to complain for persons remanded in • Ensure precise and adequate documentation in records, and continuous quality control custody during investiga- 8 0 • Ensure that medicines are handled in accordance with applicable rules tion of their case • Increase focus on whether the doctor should be called in as a result of information given by the inmate during placement interview

22 Jan. ‘Psykiatrisk Center Three bed units for foren - Still pending at the time of going to press. 11 6 Sct. Hans’, Roskilde sic psychiatric patients

30 Jan. ‘Slagelse Arrest’ Local prison particularly • Increase focus on the inmate understanding what is said during interrogation etc., and increase use of interpreter for persons remanded in • Follow and analyse development in number of decisions and days in disciplinary cell 7 0 custody during investiga- • Ofer inmates a medical examination during placement interview tion of their case • Ensure that medicines are handled in accordance with applicable rules

4 Feb. ‘Ringsted Arrest’ Local prison particularly • Ensure clear guidance on each of the inmate’s individual rights for persons remanded in • Ensure precise and adequate documentation in records, and continuous quality control 10 0 custody during investiga- • Inform the doctor of the expected duration of the disciplinary cell placement tion of their case • Ensure that medicines are handled in accordance with applicable rules

7 Feb. ‘Udlændingecenter Immigration detention • Increase focus on the detainee understanding what is said during interrogation, and increase use of interpreter Ellebæk’, Birkerød centre under the Prison • Ensure prevention of adverse psychological efects from placement in disciplinary cell and inform doctor or and Probation Service, healthcare staf of placements in disciplinary cell and the expected duration for foreign nationals held • Improve the general maintenance standard in the men’s accommodation quarters, particularly in the solitary 11 0 under aliens legislation confnement section • Draw up instructions for handling of medicines and for treatment of abstinence, and train staf in the instructions

Own-initiative case opened about introduction of screening for torture and risk of suicide in the centre.

20 Feb. ‘Søbæk Have 18 B’, Municipal social residen- • Increase focus on a precise and adequate description in reports of the grounds for use of force Jyderup tial facility for mentally • Increase focus on handling of medicines defcient adults with great 3 2 behavioural challenges and sentenced to placement in an institution

1) The Ombudsman collaborates with DIGNITY – Danish Institute Against Torture and the Danish Institute for Human Rights (IMR) on monitoring activities. Among other things, they participate in a number of monitoring visits. 2) Number of inmates, residents and patients etc. with whom the visiting teams had talks. 3) Number of relatives, guardians (including social security guardians), patient advisors etc. with whom the visiting teams had talks. Monitoring activities – adults | 81

22 Jan. ‘Psykiatrisk Center Three bed units for foren- Still pending at the time of going to press. 116 Sct. Hans’, Roskilde sic psychiatric patients

4 Feb. ‘Ringsted Arrest’ Local prison particularly • Ensure clear guidance on each of the inmate’s individual rights for persons remanded in • Ensure precise and adequate documentation in records, and continuous quality control 100 custody during investiga- • Inform the doctor of the expected duration of the disciplinary cell placement tion of their case • Ensure that medicines are handled in accordance with applicable rules

7 Feb. ‘Udlændingecenter Immigration detention • Increase focus on the detainee understanding what is said during interrogation, and increase use of interpreter Ellebæk’, Birkerød centre under the Prison • Ensure prevention of adverse psychological efects from placement in disciplinary cell and inform doctor or and Probation Service, healthcare staf of placements in disciplinary cell and the expected duration for foreign nationals held • Improve the general maintenance standard in the men’s accommodation quarters, particularly in the solitary 110 under aliens legislation confnement section • Draw up instructions for handling of medicines and for treatment of abstinence, and train staf in the instructions

Own-initiative case opened about introduction of screening for torture and risk of suicide in the centre.

4) The table contains selected, abbreviated recommendations. The full recommendations can be found (in Danish only) at www.ombudsmanden.dk, where concluding letters on monitoring visits are published on an ongoing basis. The table also contains information on cases opened on the Ombudsman’s own initiative following monitoring visits. 82 | Annual Report 2019

Where did we go in 2019?

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 25 Feb. ‘Frederikssund Local prison particularly • Ensure precise and adequate documentation in records, and continuous quality control Arrest’ for persons remanded in • Ensure correct verbal guidance on possibility of bringing the Department’s decisions on disciplinary cell placement custody during investiga- 9 0 before the courts tion of their case • Follow and analyse development in number of decisions and disciplinary cell days • Ensure that medicines are handled in accordance with applicable rules

7 Mar. ‘Center Avnstrup’, Deportation centre for • Ensure precise and adequate documentation in reports on the use of force Hvalsø rejected asylum seekers • Clearly communicate zero tolerance towards violence and threats and extend guidelines on prevention and who cooperate with own handling of violence and threats so that they include violence and threats among residents 4 0 return to home country • Add information in the house rules on residents’ possibilities of complaining about conditions at the centre • Increase focus on well-being and safety for children and young people staying at the centre – and, among other things, consider establishing a family section

13-14 ‘Storstrøm Fæng-- Closed prison with spe • Ensure precise and adequate documentation in records, and continuous quality control Mar. sel’, Nørre Alslev cially secure unit, particu- • Handle requests from inmates as quickly as possible and continuously assess whether there are requests that larly for persons serving a need to be prioritised 65 0 sentence • Ensure that medicine storage follows applicable legislation and that handling of medicines follows the institution’s procedures • Draw up instructions for abstinence treatment and train staf in the contents of the instructions

1 Apr. ‘Københavns Four prison sections, • Ensure precise and adequate documentation in records, and continuous quality control Fængsler’, ‘Vestre particularly for persons re - • Ensure that the inmate has understood the guidance on his or her rights during interrogation and on the possibility Fængsel’ manded in custody during of complaint investigation of their case 9 0 (two communal units for men and two communal units for women)

4 Apr. ‘Nykøbing Fæng- Closed prison, particularly • Ensure that the inmate is not placed in a disciplinary cell longer than necessary, that the inmate is kept active and sel’, Nykøbing for persons serving a has sufcient liquids so that thrombosis is prevented, and that the inmate has access to food, drink and visits to the Sjælland sentence toilet 5 0 • Ensure that staf know how adverse psychological efects of placement in disciplinary cell are prevented • Inform healthcare staf of inmates in solitary confnement • Ensure that medicines are handled in accordance with applicable rules

24 Apr. ‘Psykiatrisk Afde- Two integrated 24-hour • Increase focus on correct reporting of the use of force ling Aabenraa’ units for general and fo- 4 3 • Establish appropriate quality control of reports on the use of force rensic psychiatric patients • Carry out and document debriefngs with patients when the forcible measures have ended

25 Apr. ‘Haderslev Arrest’ Local prison particularly • Ensure precise and adequate documentation in records, and continuous quality control for persons remanded in • Update and supplement house rules with a more detailed description of why, how and when urine sampling and 4 0 custody during investiga- searches are done, and access to complaint in that connection tion of their case • Store medicines according to applicable legislation Monitoring activities – adults | 83

13-14 ‘Storstrøm Fæng- Closed prison with spe- • Ensure precise and adequate documentation in records, and continuous quality control Mar. sel’, Nørre Alslev cially secure unit, particu- • Handle requests from inmates as quickly as possible and continuously assess whether there are requests that larly for persons serving a need to be prioritised 650 sentence • Ensure that medicine storage follows applicable legislation and that handling of medicines follows the institution’s procedures • Draw up instructions for abstinence treatment and train staf in the contents of the instructions

1 Apr. ‘Københavns Four prison sections, • Ensure precise and adequate documentation in records, and continuous quality control Fængsler’, ‘Vestre particularly for persons re- • Ensure that the inmate has understood the guidance on his or her rights during interrogation and on the possibility Fængsel’ manded in custody during of complaint investigation of their case 9 0 (two communal units for men and two communal units for women)

Where did we go in 2019?

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 30 Apr. ‘Næstved Arrest’ Local prison particularly • Ensure precise and adequate documentation in records, and continuous quality control for persons remanded in • Store medicines according to applicable legislation custody during investiga- 4 0 • Update instructions on handover of medicines so that they are in accordance with the requirements of applicable tion of their case legislation • Not to use rooms of under eight square metres for double occupancy

7 May ‘Chiligruppen, Private social residential • Draw up instructions for the use of force and discuss them regularly with staf Lystrup’ facility for adults with problematic behaviour or 4 3 sentenced to placement in an institution

8 May ‘Aarhus Arrest’ Local prison particularly • Ensure correct verbal guidance on possibility of bringing the Department’s decisions on disciplinary cell placement for persons remanded in before the courts custody during investiga- 8 0 • Follow and analyse development in number of decisions and days in disciplinary cell tion of their case • Mark poured out medicine according to the rules and handle excess medicine in accordance with the rules • Draw up instructions for observation of inmates in abstinence treatment

22 May ‘Fonden Landlyst’, Private social residential The monitoring visit did not give rise to recommendations. Hadsund facility for mentally def - 3 3 cient adults with mental disorders

23 May ‘Regionspsykiatrien An intensive and emer- • Maintain protocols on the use of force in accordance with applicable regulations Randers’ gency bed unit for general • Document that debriefngs have been carried out and forensic psychiatric 7 4 patients and a bed unit for general psychiatric patients

3 June ‘Pension Brøndby- Halfway house under The monitoring visit did not give rise to recommendations. hus’, Brøndby the Prison and Probation Strand Service, particularly for persons who are serving 3 0 the last part of their sentence or who are under supervision

6 June ‘Horserød Fængsel’ Open prison with closed • Ensure precise and adequate documentation in records, and continuous quality control section, particularly • Inform doctor or healthcare staf of inmates placed in disciplinary cell and the expected duration of the placement 17 0 for persons serving a • Refer inmates to doctor or dentist without undue delay sentence • Draw up instructions for the nurses’ duties when a doctor is not present, and for treatment of abstinence Monitoring activities – adults | 85

22 May ‘Fonden Landlyst’, Private social residential The monitoring visit did not give rise to recommendations. Hadsund facility for mentally def- 3 3 cient adults with mental disorders

6 June ‘Horserød Fængsel’ Open prison with closed • Ensure precise and adequate documentation in records, and continuous quality control section, particularly • Inform doctor or healthcare staf of inmates placed in disciplinary cell and the expected duration of the placement 170 for persons serving a • Refer inmates to doctor or dentist without undue delay sentence • Draw up instructions for the nurses’ duties when a doctor is not present, and for treatment of abstinence 86 | Annual Report 2019

Where did we go in 2019?

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 12-13 ‘Psykiatrisk Afde-- Six 24-hour units for foren Still pending at the time of going to press. 13 0 June ling Middelfart’ sic psychiatric patients

20 Aug. ‘Renbæk Fængsel’, Open prison with closed • Ensure precise and adequate documentation in records, and continuous quality control Skærbæk section, particularly • Inform doctor or healthcare staf of inmates placed in disciplinary cell and the expected duration of the placement 14 0 for persons serving a sentence

29-30 ‘Psykiatrien Øst, Three integrated bed • Ensure that management continuously receive and actively use statistics regarding the duration of forcible Aug. Roskilde’ units and a psychiatric measures emergency unit for general 18 5 • Maintain use of force protocols in accordance with the regulations and forensic psychiatric • Systematically carry out and document debriefngs in accordance with regulations patients • Draw up guidelines on prevention and follow-up of violence and threats between patients

3-4 Sep. ‘Ringe Fængsel’ Closed prison for per- • Ensure that interpreters are used to the necessary extent sons who are serving a • Ensure that staf consider using a handcuf transport belt in cases involving transport of inmates over longer sentence and who are distances sentenced to be deported 22 0 • Ensure that the rules are observed when inmates are locked up in their own cells

Two own-initiative cases opened about the use of cell No. 709 and payment for hospital treatment of foreign nationals sentenced to deportation.

24 Sep. ‘Retspsykiatrisk Two bed units for forensic Still pending at the time of going to press. 8 13 Afdeling, Skejby’ psychiatric patients

25 Sep. ‘Vejle Arrest’ Local prison particularly • Ensure that prison ofcers who have written a report on a disciplinary matter or have been involved in the matter for persons remanded in do not attend the interrogation custody during investiga- 12 0 • Inform healthcare staf of inmates placed in disciplinary cell and the expected duration of the placement tion of their case • Ensure precise and adequate documentation in records, and continuous quality control • Update instructions for handing out medicines and draw up instructions for treatment of abstinence

1 Oct. ‘Køge Arrest’ Local prison particularly • Ensure that during disciplinary hearings no weight is attached to the inmate’s negative attitude as evidence that for persons remanded in the inmate has committed a disciplinary violation custody during investiga- • Deduct the time an inmate has been temporarily excluded from association from a subsequent placement in 11 0 tion of their case disciplinary cell • Ensure that healthcare staf are aware of the special circumstances applicable to healthcare service of persons deprived of liberty, and ensure the quickest possible response to cell calls so the waiting time is 20 minutes at most

9 Oct. ‘Roskilde Arrest’ Local prison particularly • Increase focus on the inmate understanding what is said during interrogation, and increase use of interpreter for persons remanded in • Inform doctor of inmates placed in disciplinary cell and the expected duration of the placement 7 0 custody during investiga- • Not to use rooms of under eight square metres for double occupancy tion of their case • Ensure that inmates can call a prison ofcer in order to go to the toilet during evening or night hours Monitoring activities – adults | 87

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 12-13 ‘Psykiatrisk Afde- Six 24-hour units for foren- Still pending at the time of going to press. 130 June ling Middelfart’ sic psychiatric patients

29-30 ‘Psykiatrien Øst, Three integrated bed • Ensure that management continuously receive and actively use statistics regarding the duration of forcible Aug. Roskilde’ units and a psychiatric measures emergency unit for general 185 • Maintain use of force protocols in accordance with the regulations and forensic psychiatric • Systematically carry out and document debriefngs in accordance with regulations patients • Draw up guidelines on prevention and follow-up of violence and threats between patients

3-4 Sep. ‘Ringe Fængsel’ Closed prison for per- • Ensure that interpreters are used to the necessary extent sons who are serving a • Ensure that staf consider using a handcuf transport belt in cases involving transport of inmates over longer sentence and who are distances sentenced to be deported 220 • Ensure that the rules are observed when inmates are locked up in their own cells

Two own-initiative cases opened about the use of cell No. 709 and payment for hospital treatment of foreign nationals sentenced to deportation.

24 Sep. ‘Retspsykiatrisk Two bed units for forensic Still pending at the time of going to press. 8 13 Afdeling, Skejby’ psychiatric patients

25 Sep. ‘Vejle Arrest’ Local prison particularly • Ensure that prison ofcers who have written a report on a disciplinary matter or have been involved in the matter for persons remanded in do not attend the interrogation custody during investiga- 120 • Inform healthcare staf of inmates placed in disciplinary cell and the expected duration of the placement tion of their case • Ensure precise and adequate documentation in records, and continuous quality control • Update instructions for handing out medicines and draw up instructions for treatment of abstinence

1 Oct. ‘Køge Arrest’ Local prison particularly • Ensure that during disciplinary hearings no weight is attached to the inmate’s negative attitude as evidence that for persons remanded in the inmate has committed a disciplinary violation custody during investiga- • Deduct the time an inmate has been temporarily excluded from association from a subsequent placement in 110 tion of their case disciplinary cell • Ensure that healthcare staf are aware of the special circumstances applicable to healthcare service of persons deprived of liberty, and ensure the quickest possible response to cell calls so the waiting time is 20 minutes at most

Where did we go in 2019?

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 22 Oct. ‘Særforanstaltnin- Municipal social residen- Still pending at the time of going to press. gen Grevenlund’, tial facility for adults with a Odense mental disorder, pervasive behavioural disorders, 2 2 disruptive behaviour and sentenced to placement in an institution

24 Oct. ‘Lunden’, Brøndby Regional social psychiat- • Ensure that the board with risk assessment of the residents is placed so that it is not accessible or visible to others ric residential facility for than staf adults with psycho-social • Keep statistics on the incidence of violence and threats among residents, and continuously analyse the statistics difculties, misuse of 6 2 to fnd causes and patterns intoxicants, disruptive be - • Maintain focus on work environment problems continuing not to have a spill-over efect on residents’ conditions haviour and sentenced to • Solve problems in relation to handling of medicines and ensure correct recording of administration of medicines, be placed in an institution and that unintended incidents are not under-reported Monitoring activities – adults | 89

24 Oct. ‘Lunden’, Brøndby Regional social psychiat- • Ensure that the board with risk assessment of the residents is placed so that it is not accessible or visible to others ric residential facility for than staf adults with psycho-social • Keep statistics on the incidence of violence and threats among residents, and continuously analyse the statistics difculties, misuse of 6 2 to fnd causes and patterns intoxicants, disruptive be- • Maintain focus on work environment problems continuing not to have a spill-over efect on residents’ conditions haviour and sentenced to • Solve problems in relation to handling of medicines and ensure correct recording of administration of medicines, be placed in an institution and that unintended incidents are not under-reported 90 | Annual Report 2019

Monitoring activities – children

Theme for 2019 The Ombudsman generally recommends • that accommodation facilities and residential Younger children placed in social care institutions ensure The target group for monitoring visits in 2019 - that staf are familiar with the legislation on was children between 6 and 12 years who were the use of force placed outside their home in an accommodation - that the deadlines for recording and report- facility or a residential institution. ing use of force are observed - that children, young people and parents are The institutions visited by the Ombudsman’s informed on arrival of their rights in relation monitoring teams as part of the theme typically to, among other things, the use of force also held children and young people placed in • that accommodation facilities and residential care who were outside the target group in terms institutions with in-house schools ensure that of age. The year’s monitoring visits encompassed the rules on exemption from lessons in school – regardless of the target group – all children and subjects are observed young people at the accommodation facilities • that accommodation facilities and residen - and residential institutions visited. tial institutions ensure that their medicines instructions observe applicable rules and that As part of the theme, the Ombudsman’s moni- the medicines in the facilities and institutions toring teams visited three municipal residential are handled correctly. institutions and fve private accommodation facilities and focused particularly on See the Ombudsman’s specifc recommendations (extracts) in the tables on pages 92-95. • use of physical force • education Cases concluded in 2019 in relation to • contact with relatives monitoring activities 12 cases opened on the Ombudsman’s own Examples of important conclusions initiative were concluded in 2019. Eight of these • Several institutions and facilities lack ade - cases were opened in direct continuation of quate knowledge of legislation on the use of monitoring visits. Three of the cases resulted in force. criticism or informal recommendations. • Several in-house schools experience challenges with regard to observing the rules on exemption from school subjects. • Generally, the institutions are good at support- ing the children and young people’s contact with their relatives.

Selected investigations The Ombudsman opened a case concerning Secure residential institutions rejected young the duty of children’s asylum centres to notify asylum seekers without age determination: the municipality when unaccompanied minors During a monitoring visit to a local prison, the disappeared or stayed away: During a mon - monitoring team encountered an underage asy- itoring visit to a children’s asylum centre, the lum seeker who was remanded in custody. The Ombudsman’s monitoring team was informed court had decided that the inmate was to stay that the Centre did not notify the municipality there until a place became available in a secure if a minor about whom the Centre found it had residential institution. However, two secure res- a duty to notify the municipality disappeared idential institutions had refused to accept the or stayed away. In those cases, the notifcation young person because his age was in doubt and form was indeed completed but it was only an examination to determine his age had not sent to the municipality if the minor returned. yet been carried out. The Ombudsman raised In that connection, the Ombudsman opened a the question with the region whether secure case with the Danish Immigration Service. From residential institutions were entitled to refuse replies in the case, the Ombudsman noted that a young asylum seeker if his or her age was in any notifcations under the Act on Social Services doubt. The region agreed with the Ombudsman which were in progress would in future always that it is the courts and certain administrative be sent to the municipality, whether or not the authorities which have the power to make de - minor stayed away while the case was being cisions on the placement of children and young processed. Furthermore, a notifcation would people in secure residential institutions. The two always be sent if a child or young person disap - secure residential institutions’ practice of re - peared. On that basis, the Ombudsman took no fusing young people without age determination further steps in the matter. would therefore be changed. The Ombudsman criticised that a minor was The Ombudsman criticised a municipality’s placed in a prison in which minors were not supervision of teaching in a secure residen - permitted to serve a sentence: When visiting a tial institution’s in-house school: In continua- closed prison in which minors were not permit- tion of a monitoring visit to a secure residential ted to serve a sentence, the monitoring team en - institution, the Ombudsman received a moni- countered a 17-year-old boy. The Ombudsman toring report on the teaching in the institution’s criticised that the 17-year-old had been placed in in-house school. The Ombudsman criticised a prison in which according to the rules minors the municipality’s supervision of the teaching could not serve a sentence. In addition, the as it was not possible to assess on the basis of Ombudsman noted the initiatives which were the report whether the pupils of the in-house subsequently taken to ensure that staf were fa- school received schooling which measured up miliar with the rules on 15-17-year-olds – includ- to what is ordinarily required in ordinary primary ing the rules specifying the closed institutions and lower secondary schools. The municipality in which minors can be placed. (News stories accounted for the measures which it had since published on 31 May 2018 and 26 March 2019). implemented in order to improve its supervision of the in-house schools in the municipality, and the Ombudsman therefore took no further steps in the matter. 92 | Annual Report 2019

Where did we go in 2019?

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 11 visits in total 93 talks 51 talks 9 visits 4 visits Visits concluded with recommendations: 9 Visits concluded without recommendations: 1 Not concluded at the time of going to press: 1

28-29 ‘Villa Kokkedal’, Open residential institu- • Ensure that the report forms on the use of force are completed correctly Jan. Hørsholm tion for children and young • Consider drawing up in-house guidelines on the use of force which explain in an easy-to-understand way what staf 7 7 people can and cannot do • Strive to keep deadlines for recording and reporting use of force

4-5 Feb. ‘Specialinstitutio - Residential institution with • Bring house rules and information material on stays in partly closed unit in line with the applicable rules on access nen Skodsborg’ one open and two partly of young people to communal areas closed units for young • Record violence and threats among young people people between 12 and 17 • Continue eforts to ensure the safety of the young people in the institution, including follow-up on specifc incidents years 3 2 • Consider drawing up a policy on prevention of violence and threats among the young people

Case opened on the Ombudsman’s own initiative about the legal basis for the institution’s practice of locking windows and balcony doors of the young people’s rooms at night when they are staying in the open part of the institution. The case was still pending at the time of going to press.

27 Mar. ‘Grenen-Dalstrup’, Solitary confnement The monitoring visit did not give rise to recommendations. Grenå rooms in two secure units (unannoun ced and in one specially secure 0 0 follow-up visit) unit for children and young people

27-28 ‘Mini-institutionerne Open residential institu- • Ensure that children, young people and holders of parental responsibility are informed on arrival about their rights Mar. Solbrinken, Toften tion for children and young in relation to use of force 17 3 og Sølyst’, Aarhus people • Adjust guidance on use of force to state that children and young people over the age of 12 can complain to the municipal council about use of physical force

1-2 May ‘Hostruphøj S/I’, Socio-educational ac- • Ensure that staf, including in-house school staf, are familiar with the scope of the Act on Adult Responsibility for Hobro commodation facility for Children and Young Persons in Placement Facilities children and young people 10 2 • Ensure that incidents involving use of force in in-house school are reported to the municipality in which the institution is located In-house school • Ensure that the rules on exemption from classes in individual school subjects are observed

2-3 May ‘Altiden Socio-educational ac- • Ensure documentation of pedagogical-psychological assessment when pupils are exempted from classes in one Solskovgaard ApS’, commodation facility for or more school subjects Brovst children and young people 8 4 • Draw up local instructions on handling of medicines which can be used in day-to-day work, cf. the applicable guidance on drawing up instructions In-house school

1) The Ombudsman collaborates with DIGNITY – Danish Institute Against Torture and the Danish Institute for Human Rights (IMR) on monitoring activities. Among other things, they participate in a number of monitoring visits. 2) Number of children and young people with whom the visiting teams had talks. 3) Number of relatives and guardians, if any, with whom the visiting teams had talks. Monitoring activities – children | 93

4-5 Feb. ‘Specialinstitutio- Residential institution with • Bring house rules and information material on stays in partly closed unit in line with the applicable rules on access nen Skodsborg’ one open and two partly of young people to communal areas closed units for young • Record violence and threats among young people people between 12 and 17 • Continue eforts to ensure the safety of the young people in the institution, including follow-up on specifc incidents years 32 • Consider drawing up a policy on prevention of violence and threats among the young people

27-28 ‘Mini-institutionerne Open residential institu- • Ensure that children, young people and holders of parental responsibility are informed on arrival about their rights Mar. Solbrinken, Toften tion for children and young in relation to use of force 173 og Sølyst’, Aarhus people • Adjust guidance on use of force to state that children and young people over the age of 12 can complain to the municipal council about use of physical force

1-2 May ‘Hostruphøj S/I’, Socio-educational ac- • Ensure that staf, including in-house school staf, are familiar with the scope of the Act on Adult Responsibility for Hobro commodation facility for Children and Young Persons in Placement Facilities children and young people 102 • Ensure that incidents involving use of force in in-house school are reported to the municipality in which the institu - tion is located In-house school • Ensure that the rules on exemption from classes in individual school subjects are observed

Where did we go in 2019?

Who also With whom did we speak? participated?1 When Where What Users2 Relatives etc.3 DIGNITY IMR Selected recommendations etc.4 14-15 May ‘Det Socialpæda- Socio-educational ac- • Consider a staf training course on careful grips in connection with use of force gogiske opholds- commodation facility for • Ensure observance of rules on full school curriculum sted Munkegården’, children and young people 125 5 • In cooperation with the municipality of location to update the agreement on education so that it is in accordance Avernakø with applicable rules In-house school

15-16 ‘Fonden Asgaard- Socio-educational ac- • Ensure awareness that it is only pedagogical staf etc. who can use force according to the Act on Adult May Sødinge’, Ringe commodation facility for Responsibility for Children and Young Persons in Placement Facilities children and young people • Ensure that the children and young people are informed that use of force is put on record and that they are given 7 3 the opportunity to give their own version of the incident and to document that it has happened In-house school • Review and assess the reported incidents involving use of force together with staf in order to learn from the incidents and prevent use of force

10-11 Sep. ‘Magnoliegården’, Open residential institu- • Ensure that staf are sufciently familiar with the conditions for using force under the Act on Adult Responsibility Hårlev tion for children and young for Children and Young Persons in Placement Facilities people • Continue endeavours to ensure that the rules on teaching the full school curriculum and number of teaching hours 6 7 are observed In-house school • Consider drawing up written guidelines on prevention of violence and sexual abuse and on a procedure for handling suspected abuse

17-18 Sep. ‘Skole- og behand - Socio-educational ac- • Continue endeavours to prevent and bring down the number of incidents involving use of force lingshjemmet commodation facility for • Ensure that poured-out medicine is marked with name of drug and date of pouring it out in accordance with the Orøstrand’ children and young people 13 9 guidance on prescription and handling of medicines

In-house school

12-13 Nov. ‘Marjatta Skole- Open residential institu- Still pending at the time of going to press. hjem’, Tappernøje tion for children and young 106 9 people with mental disabilities

5) Including one resident over the age of 18. 6) Including nine residents over the age of 18. Monitoring activities – children | 95

17-18 Sep. ‘Skole- og behand- Socio-educational ac- • Continue endeavours to prevent and bring down the number of incidents involving use of force lingshjemmet commodation facility for • Ensure that poured-out medicine is marked with name of drug and date of pouring it out in accordance with the Orøstrand’ children and young people 139 guidance on prescription and handling of medicines

In-house school

12-13 Nov. ‘Marjatta Skole- Open residential institu- Still pending at the time of going to press. hjem’, Tappernøje tion for children and young 106 9 people with mental disabilities 96 | Annual Report 2019

Discussions, other activities etc. in relation to both children and adults

Discussions with key authorities budsman’s monitoring activities. The Ombudsman Dialogue with the relevant authorities – both at the has meetings with key authorities on a regular basis local level in connection with monitoring visits and together with the Danish Institute for Human Rights at central level – plays an important part in the Om - and DIGNITY – Danish Institute Against Torture.

When Who Subjects (extracts) 21 May Department of Prisons Overcrowding and understafng in institutions under the Prison and Probation Service and Probation Written information for 15-17-year-olds on their rights and duties Result of internal review of placements in security cells Addiction treatment of remand prisoners Healthcare provision in Prison and Probation Service institutions

27 May Ministry of Health Non-statutory authority for interventions and house rules in the psychiatric sector So-called satellite pharmacies of the Prison and Probation Service Reduction in the use of force in the psychiatric sector Shielding in wards Capacity issue concerning the Maximum Security Department of Slagelse Psychiatric Hospital (‘Sikringsafdelingen’) Handling of medicines in private accommodation facilities Addiction treatment of children and young people in accommodation facilities

27 Aug. Ministry for Children Knowledge of the legislation on the use of force and Social Afairs Observance of deadlines for reporting incidents involving the use of force in secure residential institutions Young people’ access to a toilet during solitary confnement and summoning of psychia- trist or emergency doctor for young people with mental disorders in solitary confnement Information for children, young people and their parents or guardians in connection with moving into accommodation facilities about their rights in relation to the use of force Addiction treatment of children and young people in accommodation facilities Feedback on reports of the use of force and guidance on complaints Security for residents in (social psychiatric) residential facilities and sector transfers

26 Sep. Local Government Briefng on the issues which the Ombudsman took up at a meeting with the Ministry of Denmark Social Afairs and the Interior in continuation of the thematic report for 2017 about young people in secure residential institutions, local prisons and state prisons Briefng on the most important conclusions in the thematic report for 2018

3 Oct. Danish Immigration Knowledge of the legislation on the use of force Service Information for children, young people and personal representatives in connection with moving into children’s asylum centres on their rights in relation to the use of force Addiction treatment for children and young people in children’s asylum centres

24 Oct. Ministry of Social Non-statutory authority for interventions and house rules in the psychiatric sector Afairs and the Interior together with Danish Regions

25 Oct. Department of Prisons Inadequate documentation in cases regarding exclusion from association and Probation Maintaining exclusion from association due to a lack of space in other places Guidance on forced and voluntary exclusion from association Overview of the total amount of time in which an inmate has been in solitary confnement | 97

Other activities • The Ombudsman opened a case about the • Meetings with foreign (including Nordic) om- Central Denmark Region’s practice of making budsmen or ‘national preventive mechanisms’ voluntary agreements with children and young etc., with discussion and exchange of experi- people in secure residential institutions that ence they would hand over their clothes for wash - • Meeting with the UN Subcommittee on Preven - ing on arrival at the institution with a view to, tion of Torture, etc. (SPT) among other things, degrading or destroying • Meeting with delegation from the European any illegal drugs hidden in the clothes. Over the Council’s Committee for the Prevention of course of the case, the Region decided to stop Torture (CPT) this practice with reference to the Ombuds- • Meetings with national monitoring authorities man’s enquiry and a monitoring report from with discussion and exchange of experience the local social supervisory authority according to whose assessment the Region did not Other results have statutory authority for its practice. On • The Department of Prisons and Probation has that basis, and because the Act on Adult Re - emphasised the documentation requirements sponsibility for Children and Young Persons in in cases involving the use of pepper spray. This Placement Facilities had been changed in the has been done on the basis of a statement from meantime, the Ombudsman decided to close the Ombudsman. (News story published on the case. 21 March 2019). • On 1 February 2019 new rules on education • In meetings in 2017 and 2018 the Ombudsman provision for inmates of compulsory school discussed a number of issues with the Ministry age came into force. According to the rules, of Health as a follow-up on the thematic report inmates (remand prisoners and inmates ser- from 2016 on children and young people in the ving a sentence) of compulsory school age are psychiatric sector. The Ministry then took the entitled to schooling which measures up to following initiatives: what is ordinarily required in primary and lower - I nformation material was prepared for chil- secondary schools. The rules were introduced dren and young people and their relatives on in continuation of a case regarding conditions the use of force and their rights in the psychi- for 15-17-year old inmates in Prison and Proba- atric sector, in collaboration with the National tion Service institutions which the Ombudsman Council for Children and the Danish Mental had opened on his own initiative. (News stories Health Fund. published on 5 September 2017, 4 July 2018 - Guidance on the use of force etc. was clarifed and 26 March 2019). and spelled out in greater detail, among other things in relation to recording use of belt re - straints during stomach tube feeding and in relation to medical assessment of children and young people who fall asleep while im - mobilised with belt restraints. (News story published on 23 January 2019). Monitoring activities Accessibility for persons with disabilities | 99

Monitoring visits to investigate accessibility for persons with disabilities

Where: The Ombudsman carries out monitor- How: During monitoring visits, the Ombuds- ing visits to investigate the accessibility of public man’s monitoring teams are shown around the buildings, such as primary and lower secondary buildings. The Ombudsman’s monitoring teams schools, other educational establishments, town bring along measuring equipment to check halls, libraries, hospitals and polling stations. whether, for instance, the dimensions of toilet facilities for persons with disabilities and of lifts Why: At the request of Parliament, the Ombuds - are in accordance with building regulations. man monitors developments regarding equal treatment of persons with disabilities. In this Who: The Monitoring Department carries out connection, the Ombudsman monitors, among the monitoring visits regarding accessibility. A other things, physical accessibility for persons wheelchair user from the Danish Association of with disabilities. The aim is to check that the the Physically Disabled and a consultant from rules intended to ensure that public buildings the Danish Association of the Blind participate are accessible to everybody are observed. in these monitoring visits as consultants. In addition, the Ombudsman’s special advisor on children’s issues has participated in monitoring visits to primary and lower secondary schools. 100 | Annual Report 2019

Monitoring visits in 2019 to investigate accessibility for persons with disabilities

When Where What 1 October ‘Lillevang Skole, Afd. Skovvang’, Primary and lower secondary school with integrated special Allerød needs classes for pupils with mobility disabilities and often accompanying specifc learning difculties 11 December ‘Sundhedscenter Odsherred’, Healthcare centre with municipal and regional healthcare facilities Nykøbing Sj.

The case regarding ‘Sundhedscenter Odsherred’ was still pending at the time of going to press.

Conclusion of the theme on accessibility in and other educational establishments. It is also the teaching and education sector the Ombudsman’s view that the monitoring visits In the period 2014-2019, the Ombudsman had have generally given managements a better un- ‘Teaching and education’ as a general theme for derstanding of the challenges which pupils and the monitoring visits to investigate accessibility students with disabilities face. for persons with disabilities. The aim of the Om - budsman’s focus on this theme was to highlight New theme the importance of persons with disabilities being For some time to come, the Ombudsman will able to attend classes and to get an education carry out monitoring visits to investigate acces- on an equal footing with other persons. sibility in healthcare centres. During these monitoring visits, focus will be on the communal areas In connection with the theme, members of the of the healthcare centres and on the parts of Ombudsman’s staf carried out monitoring visits the healthcare centres which are used by public to three primary and lower secondary schools authorities. with specialised units for pupils with disabilities, an upper secondary school, a technical school, In that connection, members of the Ombudsman’s a teacher training college and a university. staf carried out a monitoring visit in December 2019 to the healthcare centre in Odsherred In all these schools and other educational insti- (‘Sundhedscenter Odsherred’). tutions, the monitoring teams detected conditions which could and should be improved. The Other activities Ombudsman thus gave recommendations on, The Ombudsman collaborates with the Danish for instance, one-level accessibility, signposting, Institute for Human Rights and the Danish Dis- layout of disabled toilets, disability parking and ability Council to facilitate, protect and monitor accessibility to outdoor areas, such as playgrounds. the implementation of the UN Convention on the Rights of Persons with Disabilities. As part of this In general, the Ombudsman has experienced re- collaboration, the Ombudsman held two meet- sponsiveness from managements of the schools ings with these collaborative parties in 2019. Monitoring activities – accessibility for persons with disabilities | 101

More information about the Ombudsman’s activities in relation to equal treatment of persons with disabilities and the Ombudsman’s reports on monitoring visits to investigate accessibility for persons with disabilities can be found at www.ombudsmanden.dk/handicap/ (in Danish only). Monitoring activities Forced deportations | 103

Monitoring of forced deportations

What: The Ombudsman monitors forced depor- How: Members of the Ombudsman’s staf par- tations by the Danish police of foreign nationals ticipate in forced deportations. In some deporta- without legal residence in Denmark. In addition, tions the Ombudsman only monitors the period the Ombudsman monitors forced deportations from the foreign citizen is collected and until the arranged by other EU member states at the re - plane is boarded. quest of the European Border and Coast Guard Agency, Frontex. The Ombudsman’s monitoring activity is particularly focused on use of force, separation of Why: The monitoring of forced deportations car- families, vulnerable groups (such as persons with ried out by the Danish police is especially aimed health problems), prior contact and information, at ensuring that the police carry out the forced the safety assessment prior to the deportation deportations with respect for the individual and and aborted deportations. When monitoring without unnecessary use of force. Thus, the forced deportations by the Danish police, the Ombudsman assesses whether the police act in Ombudsman also focuses on the police’s depor- accordance with applicable law – including EU tation report. law and international human rights conventions – and good administrative practice. In addition to participating in specifc deportations, the Ombudsman reviews about 50 con- The same applies in the case of monitoring forced cluded deportation cases every year. deportations arranged by other EU member sta tes. Here, however, the Ombudsman does not assess whether the deportations are carried out in compliance with good administrative practice.

For more information about the Ombudsman’s monitoring of forced deportations, see www.ombudsmanden.dk/udsendelser/ (in Danish only). 104 | Annual Report 2019

Forced deportations monitored in 20191

Number of persons com- Use of force during When Deportation completed? Comments prised by the deportation deportation?

8 completed Deportation cases completed without criticism of the police: 8 10 deportations in total 11 persons 5 deportations 2 aborted Deportation cases still pending at the time of going to press: 2

26 March 1 No Yes Forced deportation by scheduled fight of a 26-year-old man.

6 May 2 Yes Yes Forced deportation by scheduled fight of a 45-year-old woman and a 40-year-old man. The forced deportation was only partially monitored by a member of staf from the Ombudsman’s ofce, namely from the time when the police collected the foreign nationals and until they changed fights in Germany to a fight arranged by the EU Border and Coast Guard Agency, Frontex. Force was used in the form of manual restraint on the male foreign national.

23 September 1 No Yes Forced deportation (partially escorted2 ) by scheduled fight of a 33-year-old man.

8 October 1 No Yes Forced deportation (partially escorted2) by scheduled fight of a 26-year-old man.

8 October 1 Yes Yes Forced deportation (partially escorted2) by scheduled fight of a 39-year-old man. Force was used in the form of a transport belt with one hand strapped.

14 October 1 Yes No Forced deportation (partially escorted2) by scheduled fight of a 44-year-old woman. Force was used in the form of a transport belt with hands strapped and manual restraint.

18 November 1 Yes Yes Forced deportation by scheduled fight of a 44-year-old woman. Force was used in the form of manual restraint, helmet, adult diaper and transport belt with hands, elbows and ankle strapped.

Case still pending at the time of going to press.

25 November 1 No Yes Forced deportation (partially escorted2) by scheduled fight of a 33-year-old woman.

3 December 1 Yes No Forced deportation by scheduled fight of a 49-year-old man. Force was used in the form of a transport belt with hands strapped and manual restraint.

9 December 1 No Yes Forced deportation by scheduled fight of a 32-year-old woman.

Case still pending at the time of going to press.

1) In 2019, the destinations of the deportations monitored by the Ombudsman included Iran, Nigeria, Afghanistan and Pakistan. 2) At a number of deportations, the Ombudsman monitors the procedure merely from the time when the foreign national is collected by police until boarding. | 105

Forced deportation monitored in 20191

Number of persons com- Use of force during When Deportation completed? Comments prised by the deportation deportation?

26 March 1 No Yes Forced deportation by scheduled fight of a 26-year-old man.

23 September1 No Yes Forced deportation (partially escorted2 ) by scheduled fight of a 33-year-old man.

8 October 1 No Yes Forced deportation (partially escorted2 ) by scheduled fight of a 26-year-old man.

8 October 1 Yes Yes Forced deportation (partially escorted2 ) by scheduled fight of a 39-year-old man. Force was used in the form of a transport belt with one hand strapped.

14 October 1 Yes No Forced deportation (partially escorted2 ) by scheduled fight of a 44-year-old woman. Force was used in the form of a transport belt with hands strapped and manual restraint.

Case still pending at the time of going to press.

25 November 1 No Yes Forced deportation (partially escorted2 ) by scheduled fight of a 33-year-old woman.

3 December 1 Yes No Forced deportation by scheduled fight of a 49-year-old man. Force was used in the form of a transport belt with hands strapped and manual restraint.

9 December 1 No Yes Forced deportation by scheduled fight of a 32-year-old woman.

Case still pending at the time of going to press. 106 | Annual Report 2019

Examples of important activities in 2019

Deportations in which Ombudsman initiated. After receiving the National Police’s representatives participated comments on the case, the Ombudsman took In 2019, legal case ofcers from the Ombuds- no further action. man’s ofce were present at 10 forced deportations of foreign nationals. The Ombudsman In addition, in a case concluded in 2019 the did not express criticism of the police work in Ombudsman found that he did not have grounds any of the eight deportation cases concluded for repudiating the assessment by the National by the Ombudsman in 2019. The Ombudsman Police that – due to, among other things, safety assessed that the deportations were carried out considerations – Danish police ofcers did not within Danish and international rules, includ- have an obligation to intervene towards a foreign ing with respect for the individual and without chief of police during a forced deportation of unnecessary use of force. Further, the Ombuds- foreign nationals. (Case No. 2019-6). man had no comments on the documentation in the cases. Two of the deportation cases were Finally, in another case concluded in 2019 the still pending at the time of going to press. Ombudsman found that he could not criticise that the police use force under specifc condi- Concluded cases tions to reduce screaming and shouting during As stated in the Parliamentary Ombudsman’s deportations. However, the Ombudsman rec- Annual Report for 2018, the Ombudsman re - ommended the National Police to include these viewed the case fles in that year of 77 deporta- conditions in the internal guidelines of the police. tion cases from 2016 and 2017 which had been (Case No. 2019-4). concluded by the police. In fve of these cases, the Ombudsman’s review caused him to raise Annual review questions with the National Police. The Ombuds- In 2019, the Ombudsman reviewed the case fles man concluded the fve cases in 2019. in 52 of the deportation cases from 2018 which had been concluded by the police. The fnal re- Two of the cases concerned inadequate docu- sult of the review was still pending at the time of mentation that it was necessary for the police to going to press. use force during the deportation. One of these cases has been published (Case No. 2019-23). Discussions Two other cases concerned a lack of documen- In 2019, the Ombudsman had a dialogue meet- tation to show that the foreign nationals were ing with the National Police, the National Immi- ofered to see a doctor after the forced deporta- gration Centre, and North Zealand Police, the tion was aborted. The Ombudsman expressed North Zealand Immigration Centre, about the criticism of the police in all four cases. The ffth Ombudsman’s monitoring of forced deporta- case concerned whether or not a fnal decision tions carried out by the police. In addition, the that the foreign national could be deported had Ombudsman had a meeting with the Danish been made before the forced deportation was Refugee Council. Monitoring activities – forced deportations | 107

International collaboration In 2019, a legal case ofcer from the Ombuds- man’ ofce participated in a European conference in Slovakia on monitoring of forced deportations.

Deportations organised by other EU member states A legal case ofcer from the Ombudsman’s ofce monitored the forced deportation by Ger- man police of 18 foreign nationals by chartered plane from Germany to Tunisia in January 2019. Another legal case ofcer from the Ombuds- man’s ofce monitored the forced deportation by French police of 36 foreign nationals by chartered plane from France to Georgia in October 2019. The Ombudsman submitted his report directly to the European Border and Coast Guard Agency, Frontex. schools and municipalities. parents, pupils, of beneft the for rules, the about transparency more provide to order in website Ministry’s the on posted be would information’ answer and ‘question that wrote also Ministry The municipality. the not is it that meaning grading, class the decides who rolled en is child the where school the of head the is it that wrote Ministry The general. in understood be to were rules the how parents the to wrote Ministry year. one The classes his repeat to had boy the if decide should who consider –to level general a –on opportunity the given be to ought Ministry the that found he as Education of Ministry then the to complaint the forwarded Ombudsman The living. was family the where one the than municipality another in school needs aspecial to went ment, enrol open about rules the to according who, boy a of parents the from acomplaint of essence the was This that.’ for need no has he that assessment municipality’s the –and to we agree –which year one classes his repeat he that recommendation school’s his between stuck up ended has child ‘Our 19/02359 No. Case same situation. the in citizens several to adiference making up may end this citizen, individual an from acomplaint considers Ombudsman the When CASESeoms | 108 - - by stream. by stream. anear to access gain to land of plot her on trees without hadmunicipality prior cut agreement down a that Ombudsman the to complained A woman 19/02087 No. Case changed. be should lation does notOmbudsman consider whether legis The by Parliament. passed Acts the observe The Ombudsman assesses if the authorities an Act by passed Parliament. freezing holiday ofaccrued pay follow directly from able to help. Thereason was that onthe therules In hisreply, theOmbudsmanwrote that hewas not to thisquestion. market?’ Acitizen wanted theOmbudsman’s reply act andnotpaidouttillyou drop outofthelabour pay isfrozen at theintroduction ofanew holiday ‘Can ofyour rightthat itbe holiday accrued part Nos.Case 19/01514 and 19/02747 not had an opportunity tonot had consider. an opportunity whichcomplaints the relevant has authority The does not Ombudsman normally consider frst. so do to her asked Ombudsman the fore, There municipality. the to enquiry an made had woman the that complaint the from appear not did It - - - - - CASES | 109 Case No. 19/02133 The Ombudsman received an e-mail with a list of payments from a telephone company attached. In the subjectline of the e-mail, it said ‘Complaint 2’ but otherwise the e-mail was without content. Be sides, the e-mail was sent as an insecure e-mail, encryption. and signature digital without meaning The Ombudsman was not to know who made the enquiry but he replied to the e-mail He anyway. wrote that an insecure e-mailwithout name and address is considered an anonymous complaint. And that according to the Ombudsman Act, the com anonymous consider cannot Ombudsman plaints. The Ombudsman also wrote that he could not telephone private the about complaint a consider company for that matter. The Ombudsman must know a complainant’s anonymous consider to unable is He identity. complaints. - - - . www.ombudsmanden.dk In 2019, the OmbudsmanIn 2019, concluded cases 260 general tax nine the authorities, including about the of selection A investigations. own-initiative cases can be found at Division’s the Taxation page on However, the conditionsHowever, and terms which SKAT’s binding ruling was initially based on were no longer valid, so the reply was now from without SKAT sig not could Ombudsman the Therefore, nifcance. help the lawyer and the client to obtain a better case result than the one the Tribunal National Tax had arrived at. Case No. 19/02109 ‘In opinion, my Danish (the Customs SKAT and Administration)Tax has made case processing errors not by observing the binding ruling when conditions are met’, a practising lawyer wrote to the Ombudsman on behalf of his client. The Na had madeTribunal a decisiontional Tax that the client was subject to taxation of his wages from an ofshore company abroad – but that was incon sistent with the binding about ruling SKAT the by client not being subject to taxation in Denmark of wages earned in another country. 110 | 110 pu about complaints The considers Ombudsman sive transport. tions by ofradio theuse taxisand demand-respon sta between transported be could with disabilities people Besides, tions for withdisabilities. people improve at railway accessibility theolderlocal sta was inprogress whichcould onfndingsolutions railway usingthem.For started that matter, work fromfor withdisabilities people thetimelight the former railways local accessible fully mustbe give grounds for therequirement that allstops at na The Ombudsmanreviewed theDanish andinter train andplatform. ple ofthiswas a station witha20cmgap between ble for glaringexam users.Themost wheelchair new lightrailway asstops,were used notaccessi railway oftheolderlocal some stations, whichthe the Ombudsman.They were dissatisfed because pality’s wrote disability council to inacomplaint Disabilities.’ Thisiswhat members ofamunici the UNConvention ontheRightsofPersons with Wewith disabilities. fndthat itisinconsistent with forwithout incorporating accessibility full people proximately 4billionDanish kroner hastaken place planningofthelightrailway‘The inAarhusat ap 19/01141 No. Case ity accessibility in health centres. in centres. health accessibility ity disabil on focuses From 2019, Ombudsman the assisted by two consultants with disabilities. disability accessibility. The monitoring team is whether they comply with the requirements for tional legislation didnot inthefeld.Therules CASESblic buildings and constructions and monitors ------ing the case to the relevant authority. authority. relevant the to case the ing by forward example –for such as vestigation along with their case without initiating an in c 3,771 concluded 2019,In Ombudsman the Ombudsman closed the case. the this, After mailbox. the in mails secure receive to possible be would it future in that make sure to A the problem, this aware of made been having After post. the in complaints their send or mailbox the use to had authorities tax by the decisions than ters mat other about complain to wanted who citizens tion could not receive secure mails even though Taxa of Ministry Danish the of Agency Services and Administration atthe amailbox that out found Ombudsman the case, acomplaint to relation In 19/03280 No. Case ases after having after ases helped citizens further gency wrote to the Ombudsman that it was going going was it that Ombudsman the to wrote gency ------CASES | 111 Case No. 19/02812 After a break of a few years, a driving instructor wanted to resume the driving instructor business. It required a new driver’s license with the approval that he was entitled to teach – but when the driving service centre, citizen the at up showed instructor he was informed that he could not be approved as could police the because instructor cycle motor not fnd him in the register. Therefore, he had to train as a driving instructor again in order to be en in driving The cycle. motor a driving teach to titled Ombudsman. the to complained structor The Ombudsman found thatthe municipality ought the opportunity to have to review the case. Thus, he forwarded the complaint to the munici pality. In cooperation with the police, the munic ipality found the missing registration. Hereafter, the driving instructor was able his to driver’s have approvals. relevant the with renewed license with authority the was municipality a 2019, In prime responsibility of the cases con in 1,678 Ombudsman. the by cluded - - - - The Parliamentary Ombudsman acts as ad hoc Ombudsman, Greenland the for ombudsman means Inatsisartut. This for Ombudsman the Parliamentary Ombudsman the con that will Greenland to cases complaint sider relating authorities if the Greenland Ombudsman is cases. the disqualifed in Case Nos. 18/02512 and 18/04747 18/04747 and 18/02512 Case Nos. An interest organisation complained to the Green land Ombudsman about a refusal of access to public records from the Greenland Ministry of Fisheries, Hunting and Agriculture. The Greenland Ombudsman was unable to consider the case because she was disqualifed. The Inatsisartut, the Parliament of Greenland, therefore forwarded the complaint to the Parliamentary Ombudsman, who conclud Ombudsman The case. the investigated ed that he could not criticise the Ministry’s refusal of access to the records. It is stipulated in the Ombudsman Act that Ombudsmanthe consider complaints cannot about private parties – for example associa tions, private individuals and companies. One of the Ombudsman’s employees telephoned telephoned employees Ombudsman’s the of One the man and explained that it is the Ombudsman’s task solely toon keep an whether eye authorities observe applicable laws and rules. A man was not happy with the quality of his cheese cutter. ‘It is simply poor quality’, he wrote to the Ombudsman. ‘Hoping it will get handled with the manufacturer.’ Case No. 19/03388 Brief overview of the year 2019 This page has been intentionaly left blank. The year in fgures The following pages contain key fgures for the cases processed by the Ombudsman in 2019. More information about the Ombudsman’s work and the rules governing the Ombudsman’s activities can be found on www.ombudsmanden.dk. | 115

Concluded cases1

14.8% Investigations

Other forms of processing and 67.7% 2019 assistance to citizens 5,574 cases 17.5% Rejections for formal reasons

15.4% Investigations

Other forms of processing and 66.3% 2018 assistance to citizens 4,955 cases 18.3% Rejections for formal reasons

17.7% Investigations

Other forms of processing and 64.4% 2017 assistance to citizens 5,062 cases 17.9% Rejections for formal reasons

1 ) Administrative cases are not included. In addition, cases selected for collective review in connection with general own-initiative investigations are not normally included. 116 | Annual Report 2019

What was the outcome of the cases?

Cases concluded in 2019 – by authority etc. Concluded cases

1. Investigations Full investigations 187 – of which cases with criticism, formal or informal recommendations etc. 105 Shortened investigations1 638 Investigations, total 825

2. Other forms of processing and assistance to citizens Various forms of intervention in cases where the avenues of processing by authorities had 2,162 not been exhausted – of which cases forwarded to authorities 1,277 The Ombudsman’s review of the cases did not result in further investigation 1,177 Answers to enquiries, guidance etc. 432 Other forms of processing and assistance to citizens, total 3,771

3. Rejections for formal reasons Complaints which had been submitted too late to the Ombudsman 103 Cases where the complaint/appeal options to authorities had not been used – and could no 38 longer be used Cases which related to courts, judges or matters on which a court had made or could be 149 expected to make a decision – and which were thus outside the Ombudsman’s jurisdiction Cases which concerned matters relating to Parliament, including legislative issues, and were 82 thus outside the Ombudsman’s jurisdiction Complaints which related to other matters outside the Ombudsman’s jurisdiction, including 303 private legal matters Complaints which were not clarifed sufciently to enable investigation and complaints 267 which were withdrawn Cases in which the Ombudsman declared himself disqualifed 10 Anonymous approaches 26 Rejections for formal reasons, total 978

Total (1-3) 5,574

1) Shortened investigations comprise primarily cases in which the Ombudsman reviewed a complaint but decided not to obtain statements from the authorities because it was unlikely that a full investigation would result in criticism or recommendations. The category of shortened investigations also includes, among others, cases which were reopened by the authorities after the Ombudsman asked them for a statement (19 cases in 2019). The year in fgures | 117

What did the cases concern?

Specifc decisions Case processing General issues1 Case processing time Conduct/Actual administrative activity Monitoring activities Miscellaneous

All concluded cases 5,574 cases 7.0% 1.1%16.3%

42.2% 2.0% 16.7% 14.7%

Investigations 825 cases 5.5% 7.2%10.4%

70.2% 0.6% 4.4% 1.7%

Cases with criticism, formal or informal recommendations etc. 105 cases 1.9% 41.0%

21.0% 5.7% 20.9% 9.5%

1) The category ‘General issues’ comprises, for instance, the overall conditions in an institution or the question whether an enabling act provides a sufcient legal basis for the provisions of an executive order or whether an authority’s general practice in a specifc area is acceptable. 118 | Annual Report 2019

Which authorities etc. were involved?

Cases concluded in 2019 – by authority etc.

Authority etc. with prime Investigations Other forms of Rejections Total responsibility1 processing and for formal cases With criticism, Without criticism, assistance to reasons formal or informal formal or informal citizens recommendations recommendations etc. etc.

A. Central authorities etc. (within the Ombudsman’s jurisdiction)

Ministry of Employment

The Department 0 2 4 0 6 Appeals Board for ATP etc. 0 0 2 0 2 Labour Market Insurance 1 1 32 4 38 Council of Appeal on Health and Safety at Work 0 3 0 0 3 Danish Working Environment Authority 0 0 1 0 1 ATP 0 0 1 0 1 Unemployment Insurance Complaints Centre 0 0 1 0 1 Board of Equal Treatment 1 6 1 1 9 Employees’ Guarantee Fund 0 0 1 0 1 Danish Agency for Labour Market and Recruitment 0 1 10 1 12 Total 2 13 53 6 74

Ministry of Children and Education

The Department 1 3 9 1 14 Danish Centre for Educational Environment 0 0 1 0 1 Special Education Appeals Board 0 0 2 0 2 National Agency for Education and Quality 0 3 17 2 22 Secondary education and vocational training establishments 0 0 13 0 13 Total 1 6 42 3 52

1 ) The cases in Section A of the table have been classifed under the ministries existing at the end of the year. Concluded cases relating to authorities which have been moved to another ministry, closed down or reorganised have as a general rule been classifed under the ministries/authorities which had the remit for the relevant areas at the end of the year. The year in fgures | 119

Cases concluded in 2019 – by authority etc.

Ministry of Industry, Business and Financial Afairs

The Department 1 1 2 0 4 Psychiatric Patients’ Board of Complaints 0 0 3 3 6 Energy Board of Appeal 0 3 1 0 4 Company Appeals Board 0 0 1 0 1 Danish Business Authority 0 0 9 3 12 Danish Financial Supervisory Authority 1 0 1 1 3 Danish Consumer Ombudsman 0 0 3 0 3 Danish Competition and Consumer Authority 0 1 1 1 3 Danish Competition Appeals Board 0 1 0 0 1 Danish Environment and Food Board of Appeal 0 9 22 1 32 Danish Appeals Boards Authority 0 2 24 2 28 Danish Town and Country Planning Board of Appeal 0 8 18 2 28 Danish Safety Technology Authority 0 1 1 1 3 Danish Storm Council 0 0 1 0 1 VisitDenmark 0 0 6 0 6 Vaekstfonden – The Danish Growth Fund 0 0 1 1 2 Total 2 26 94 15 137

Ministry of Finance

The Department 1 6 6 0 13 Agency for Digitisation 0 1 0 0 1 Agency for Modernisation 0 1 2 0 3 Total 1 8 8 0 17 120 | Annual Report 2019

Cases concluded in 2019 – by authority etc.

Ministry of Defence

The Department 0 3 7 1 11 Defence Command Denmark 0 0 1 0 1 Danish Ministry of Defence Estate Agency 0 0 1 0 1 Danish Ministry of Defence Personnel Agency 0 1 4 0 5 Danish Ministry of Defence Accounting Agency 0 0 1 0 1 Total 0 4 14 1 19

Ministry of Justice

The Department 3 11 37 4 55 Local prisons 0 1 18 0 19 Department of Civil Afairs 0 4 2 1 7 Danish Data Protection Agency 0 8 18 4 30 Independent Police Complaints Authority 0 1 6 3 10 Department of Prisons and Probation 5 26 52 22 105 Criminal Injuries Compensation Board 0 5 13 1 19 State prisons 3 14 156 13 186 Kriminalforsorgen i Frihed (Prison Service in Freedom) 0 4 6 1 11 Prison and Probation Service in Greenland 0 2 1 1 4 Regional ofces of the Prison and Probation Service 14 23 31 5 73 The police 0 9 125 17 151 Danish Security and Intelligence Service (PET) 0 0 1 0 1 Danish Medico-Legal Council 0 0 1 0 1 Director of Public Prosecutions 0 5 14 2 21 Danish National Police 9 13 32 1 55 State prosecutors 0 14 38 6 58 Danish Intelligence Oversight Board 0 0 1 0 1 Immigration detention centres and departure centres 0 0 9 1 10 Total 34 140 561 82 817 The year in fgures | 121

Cases concluded in 2019 – by authority etc.

Ministry of Ecclesiastical Afairs The Department 0 1 14 2 17 Parishes 0 0 3 0 3 Dioceses 0 0 6 0 6 Total 0 1 23 2 26

Ministry of Climate, Energy and Utilities

The Department 0 3 7 1 11 Energinet 0 0 4 0 4 Danish Energy Agency 0 0 2 0 2 Danish Utility Regulator 0 0 1 0 1 Danish Geodata Agency 0 1 0 2 3 Valuation Authority 0 2 0 0 2 Total 0 6 14 3 23

Ministry of Culture

The Department 0 5 7 0 12 Danish Broadcasting Corporation (DR) 0 2 14 5 21 The Royal Theatre 0 0 1 0 1 Media Council for Children and Young People 0 0 1 0 1 Radio and Television Board 0 0 33 0 33 Danish National Archives 0 0 4 1 5 Agency for Culture and Palaces 0 1 1 3 5 Danish Arts Foundation 0 1 0 0 1 Total 0 9 61 9 79 122 | Annual Report 2019

Cases concluded in 2019 – by authority etc.

Ministry of Environment and Food

The Department 0 4 10 2 16 Danish Fisheries Agency 0 0 4 0 4 Danish Veterinary and Food Administration 0 0 3 0 3 Danish Coastal Authority 0 1 7 3 11 Danish Agricultural Agency 0 0 3 0 3 Danish Environmental Protection Agency 0 2 5 1 8 Danish Nature Agency 0 0 8 2 10 Total 0 7 40 8 55

Ministry of Taxation

The Department 0 7 5 3 15 Administration and Services Agency 0 1 2 0 3 Director of Legal Protection 0 1 3 0 4 Regional joint tax and assessment appeals boards 0 3 1 0 4 Danish Debt Collection Agency 0 5 44 6 55 National Tax Tribunal 3 26 5 1 35 Regional motor vehicles appeals boards 0 1 0 0 1 Danish Motor Vehicle Agency 0 0 16 1 17 Regional tax appeals boards 0 7 4 1 12 Tax Appeals Agency 2 11 18 5 36 Danish Tax Agency 3 7 49 8 67 Danish Gambling Authority 0 0 1 0 1 Danish Customs Agency 0 1 0 0 1 IT and Development Agency 0 0 1 0 1 Regional assessment appeals boards 0 1 1 0 2 Danish Property Assessment Agency 0 2 4 0 6 Total 8 73 154 25 260 The year in fgures | 123

Cases concluded in 2019 – by authority etc.

Ministry of Social Afairs and the Interior

The Department 1 8 34 2 45 Danish National Board of Adoption 0 0 4 1 5 National Social Appeals Board2 8 228 318 56 610 Statistics Denmark 0 0 2 0 2 Agency of Family Law 1 3 75 23 102 Danish Supervisory Board of Psychological Practice 0 5 1 0 6 National Board of Social Services 0 0 1 0 1 Total 10 244 435 82 771

Prime Minister’s Ofce

The Department 1 1 4 1 7 High Commissioner of the Faroe Islands 0 0 1 0 1 Total 1 1 5 1 8

Ministry of Health

The Department 0 1 17 2 20 Psychiatric Appeals Board 0 1 1 0 2 Danish Medicines Agency 0 1 0 2 3 Danish Agency for Patient Complaints 0 9 29 5 43 Danish Patient Safety Authority 0 3 26 2 31 National Health Data Agency 0 0 2 1 3 Danish Health Authority 0 0 4 0 4 Disciplinary Board of the Danish Healthcare System 0 7 12 2 21 Total 0 22 91 14 127

2 ) The fgures do not include cases where the authority with prime responsibility was a board to which the National Social Appeals Board provides secretariat assistance. 124 | Annual Report 2019

Cases concluded in 2019 – by authority etc.

Ministry of Transport and Housing

The Department 2 5 10 2 19 Banedanmark (Rail Net Denmark) 0 0 1 1 2 DSB (Danish State Railways) 0 1 9 2 12 Danish Road Trafc Authority 0 6 18 1 25 Danish Transport, Construction and Housing Authority 0 1 8 1 10 Danish Road Directorate 0 8 3 1 12 Total 2 21 49 8 80

Ministry of Higher Education and Science

The Department 0 0 7 1 8 State Educational Grant and Loan Scheme Board of Appeal 0 5 2 1 8 Innovation Fund Denmark 0 0 1 0 1 Qualifcations Board 0 1 1 0 2 Danish Committee on Research Misconduct 0 0 2 0 2 Danish Agency for Science and Higher Education 0 3 5 1 9 Danish Agency for Institutions and Educational Grants 0 4 10 1 15 Educational establishments 0 1 16 3 20 Total 0 14 44 7 65

Ministry of Foreign Afairs

The Department 0 7 20 0 27 Total 0 7 20 0 27 The year in fgures | 125

Cases concluded in 2019 – by authority etc.

Ministry of Immigration and Integration

The Department 4 13 25 22 64 Danish Agency for International Recruitment and Integration 0 0 7 0 7 Immigration Appeals Board 1 5 22 2 30 Danish Immigration Service 1 7 45 11 64 Total 6 25 99 35 165

Central authorities etc., total 67 627 1,807 301 2,802

B. Municipal and regional authorities etc. (within the Ombudsman’s jurisdiction)

Municipalities 16 74 1,406 182 1,678 Regions 6 7 62 14 89 Joint municipal or regional enterprises 0 8 2 0 10 Total 22 89 1,470 196 1,777

C. Other authorities etc. within the Ombudsman’s jurisdiction3

Other authorities etc. within the Ombudsman’s jurisdiction 16 4 108 19 147 Total 16 4 108 19 147

D. Authorities etc. within the Ombudsman’s jurisdiction, total

Central authorities etc., total (A) 67 627 1,807 301 2,802 Municipal and regional authorities etc., total (B) 22 89 1,470 196 1,777 Other authorities etc. within the Ombudsman’s jurisdiction, total (C) 16 4 108 19 147 Total 105 720 3,385 516 4,726

3) The fgures comprise private institutions which fall within the Ombudsman’s jurisdiction in connection with OPCAT or in the children’s sector and other institutions etc. which have been included under the Ombudsman’s jurisdiction. In 2019, the Ombudsman made no decisions in pursuance of section 7(4) of the Ombudsman Act that his jurisdiction was to extend to a specifc company, institution, association etc. 126 | Annual Report 2019

Cases concluded in 2019 – by authority etc.

E. Institutions etc. outside the Ombudsman’s jurisdiction

1. Courts etc., cf. section 7(2) of the Ombudsman Act 0 0 0 72 72 2. Dispute tribunals, cf. section 7(3) of the Ombudsman Act 0 0 0 22 22 3. Other institutions, associations, enterprises and persons outside the Ombudsman’s jurisdiction 0 0 6 334 340 Total 0 0 6 428 434

F. Cases not relating to specifc institutions etc.

0 0 380 34 414

Grand total (A-F total) 105 720 3,771 978 5,574 This page has been intentionally left blank. The year in fgures | 127 Z

128 | Annual Report 2019

Processing times

Complaint cases and own-initiative investigations

Investigations – of which cases about access to public records1

12 months Result: 90% (Target: 90%)

40 days Result: 60% 6 months (Target: 90%) Result: 52% (Target: 70%) 20 days Result: 29% (Target: 45%)

Average processing time 6.6 38 months working days2

1)Complaint cases about access to public records under the Access to Public Administration Files Act, the Environmental Information Act, the Administration of Justice Act etc., with the exception of cases about the right of a party to a case to obtain access to documents of the case. On 1 May 2019, a division dedicated to processing cases about access to public records was set up at the Ombudsman’s ofce with a view to, among other things, reducing processing times for these cases. 2)Processing times for cases about access to public records are stated in working days – as in the Access to Public Adminis- tration Files Act. The number of working days is calculated from the date on which the Ombudsman had received replies from the citizen and the authorities and the case was thus ready for fnal processing (the ‘maturity date’). Z

The year in fgures | 129

Monitoring cases3 Cases concluded in 2019 – by authority etc.

Other forms of processing and assistance to citizens and rejections for formal reasons

6 months Result: 93% (Target: 98%) 3 months Result: 83% (Target: 90%) 6 months Result: 78% (Target: 80%)

1.6 5.5 months months

3) Concluded cases concerning monitoring visits made to institutions for children and for adults, monitoring visits to investigate physical accessibility for persons with disabilities and monitoring of forced deportations of foreign nationals by Danish police. The processing time for a monitoring case is calculated from the date of the monitoring visit or deportation. 130 | Annual Report 2019

Other facts

The Ombudsman declared himself disqualifed The Faroese Lagting (the Parliament) did not ask in 10 cases in 2019. Parliament’s Legal Afairs the Ombudsman to act as ad hoc ombudsman Committee assigned these cases to Henrik for the Faroese Parliamentary Ombudsman in Bloch Andersen, High Court Judge. The Om - any cases in 2019. The Inatsisartut (the Parlia- budsman’s ofce provided secretariat assist- ment of Greenland) asked the Ombudsman to ance in connection with the processing of the act as ad hoc ombudsman for the Ombudsman cases. for Inatsisartut in two cases. This page has been intentionally left blank.

| 131 Statement of revenue and expenditure 2019 | 133

The Ombudsman’s ordinary activities

DKK Revenue Revenue 61,000 Total revenue 61,000

Expenditure Wages and salaries, pension costs 71,625,000 Rent 5,460,000 Staf and organisation, including staf welfare 302,000 Continuing training/education 742,000 Books and library 73,000 Specialist databases 1,369,000 Newspapers and journals 220,000 Communication 846,000 Computer systems – operations and development 2,215,000 Computer hardware 252,000 Telephony and broadband 460,000 Premises – repairs and maintenance 1,236,000 Furniture, fxtures and fttings 631,000 Cleaning, laundry and refuse collection 307,000 Heating and electricity 531,000 Premises – other expenditure 369,000 Travel 231,000 Entertainment and meals 115,000 Contribution to fnancial support scheme for trainees 385,000 Stationery and ofce supplies 224,000 Other goods and services 2,675,000 Total expenditure 90,268,000 Total expenditure (net) 90,207,000 Government appropriation 88,100,000 Result for the year -2,107,000 134 | Annual Report 2019

Public service pensions DKK Revenue 3,255,000 Expenditure 2,312,000 Result for the year 943,000

Collaboration agreement with Ministry of Foreign Afairs DKK Revenue 568,000 Expenditure 568,000 Result for the year 0

Collaboration project with China DKK Revenue 1,174,000 Expenditure 1,174,000 Result for the year 0 This page has been intentionally left blank. | 135 Organisation As at 31 December 2019 | 137

Management Departments

Niels Fenger Management Secretariat Parliamentary Ombudsman International Section

Division 1 Cases about access to public records

Division 2 Social sector cases

Louise Vadheim Division 3 Guldberg Monitoring Department Director General Legal Lennart Hem Department Division 4 Lindblom Children’s Division Deputy Director General Division 5 Environmental, healthcare and immigration law etc.

Division 6 Taxation Division

Division 7 Personnel cases, transport, education etc.

HR Development

Information, Records Ofce and Communications

IT Christian Ørslykke Møller Administrative Administrative Department Legal Operations Support and Operations Development Director Personnel

Service

Finance and Analysis This page has been intentionally left blank. This page has been intentionally left blank. 140 | Annual Report 2019

Employees and core responsibilities as at 31 December 2019

Management Kirsten Broundal, Legal Case Ofcer Niels Fenger, Parliamentary Ombudsman Lina Funda Phillips, Legal Case Ofcer Louise Vadheim Guldberg, Director General Mai Gori, Legal Case Ofcer Lennart Hem Lindblom, Deputy Director General Rikke Malkov-Hansen, Legal Case Ofcer Christian Ørslykke Møller, Administrative Director Bjørg Boye Gudbrand, Legal Student Assistant Jacob Degnbol, Legal Student Assistant Management Secretariat Jens Møller, Chief Legal Advisor Key subject areas of cases processed Kaj Larsen, Chief Legal Advisor • Social security and labour market law Jacob Berner Moe, Special Communications Advisor Anne Djurhuus, Management Coordinator Jannie Svendsen, Executive Secretary Division 3 Monitoring Department International Section Morten Engberg, Senior Head of Department Klavs Kinnerup Hede, Director of International Erik Dorph Sørensen, Deputy Head of Department Relations Louise Marie Jespersen, Deputy Head of Department Camilla Schroll, Legal Case Ofcer Lise Puggaard, Senior Consultant Ulla Birgitte Frederiksen, Special Legal Advisor Hanne Nørgård, Legal Case Ofcer Division 1 Marie Nyborg Kvist, Legal Case Ofcer Cases about access to public records Morten Bech Lorentzen, Legal Case Ofcer Kirsten Talevski, Senior Head of Division Nina Melgaard Ringsted, Legal Case Ofcer Kristine Holst Hedegaard, Deputy Head of Division Sabine Heestermans Svendsen, Legal Case Ofcer Stephan Andreas Damgaard, Deputy Head of Division Jeanette Hansen, Senior Administrative Ofcer Sofe Hedegaard Larsen, Special Legal Advisor Emilie Egevang, Legal Student Assistant Dennis Sørensen, Legal Case Ofcer Oskar Stangegård Christensen, Legal Student Assistant Mai Vestergaard, Legal Case Ofcer Rune Werner Christensen, Legal Case Ofcer The Monitoring Department is in charge of the Tina Andersen, Legal Case Ofcer Ombudsman’s monitoring activities in relation to Karen Fowler Lund, Legal Student Assistant adults, which involve in particular: • State prisons Key subject areas of cases processed • Local prisons • Cases about access to public records • Halfway houses under the Prison and Probation – The Access to Public Administration Files Act Service – The Environmental Information Act • Police detention facilities for intoxicated persons – The Radio and Television Broadcasting Act • Psychiatric wards – Selected cases involving the Administration of • Social and social psychiatric residential facilities Justice Act • Asylum centres – Selected cases about press handling etc. • Non-discrimination of persons with disabilities • Forced deportations of foreign nationals

Division 2 The Monitoring Department especially processes Social sector cases specifc cases involving: Karsten Loiborg, Senior Head of Division • Sentence enforcement and custody Linette Granau Winther, Deputy Head of Division • Psychiatric healthcare and conditions for Stine Marum, Deputy Head of Division psychiatric patients Bente Mundt, Senior Consultant • Social care institutions Mette Ravn Jacobsen, Special Legal Advisor | 141

Division 4 Key subject areas of cases processed Children’s Division • Environment and planning Susanne Veiga, Senior Head of Division • Building and housing Ann Thagård Gregersen, Deputy Head of Division • Energy Christina Ladefoged, Deputy Head of Division • Food and agriculture Irene Rønn Lind, Special Advisor on Children’s Issues • Municipalities and regions etc. Christine Hagelund Petersen, Legal Case Ofcer • The non-psychiatric healthcare sector Lene Levin Rybtke, Legal Case Ofcer • Foreign nationals Marie Helqvist, Legal Case Ofcer • The law of capacity, the law of names, foundations, Pernille Helsted, Legal Case Ofcer trusts and the law of succession Peter Kersting, Legal Case Ofcer • The Guide for Authorities on the Ombudsman’s Ida Alberte Chur Rasmussen, Legal Student Assistant website Morten Pilgaard Pedersen, Legal Student Assistant

The Children’s Division carries out monitoring Division 6 visits to public and private institutions for Taxation Division children, such as: Lisbeth Adserballe, Senior Head of Division • Social care institutions and private accommodation Jørgen Hejstvig-Larsen, Deputy Head of Division facilities for children placed in residential care Pi Lundbøl Stick, Deputy Head of Division • Foster families Michael Gasbjerg Thuesen, Senior Consultant • Asylum centres Elizabeth Bøggild Monrad, Special Legal Advisor • Hospital wards and psychiatric wards for children Helle Sidenius, Special Legal Advisor Anne Djurhuus, Legal Case Ofcer The Children’s Division especially processes Marianne Halkjær Ebbesen, Legal Case Ofcer specifc cases involving: Marjanne Kalsbeek, Legal Case Ofcer • Support measures for children and juveniles Marta Warburg, Legal Case Ofcer • Social services for children Martin Dyhl-Polk, Legal Case Ofcer • Family law cases • Primary and lower secondary schools, continuation Key subject areas of cases processed schools and private schools • Direct taxes • Institutions for children • Indirect taxes, including value-added tax, etc. • Other cases with a particular bearing on children’s • Levying and collection of taxes rights • Cases within certain other felds, including industrial injury cases

Division 5 Environmental, healthcare and Division 7 immigration law etc. Personnel cases, transport, education etc. Jacob Christian Gaardhøje, Senior Head of Division Johannes Martin Fenger, Senior Head of Division Adam Abdel Khalik, Deputy Head of Division Camilla Bang, Deputy Head of Division Rasmus Krogh Pedersen, Deputy Head of Division Kristian Gyde Poulsen, Special Legal Advisor Janne Lundin Vadmand, Special Legal Advisor Anna Helene Stamhus Thommesen, Legal Case Rikke Ilona Ipsen, Special Legal Advisor Ofcer Lucienne Josephine Lokjær Bak, Legal Case Ofcer Mette Kildegaard Hansen, Legal Case Ofcer Marte Volckmar Kaasa, Legal Case Ofcer Morten Juul Gjermundbo, Legal Case Ofcer Nanna Flindt, Legal Case Ofcer Stine Harkov Hansen, Legal Case Ofcer Sverre Kjeldgaard Johansen, Legal Case Ofcer Anna Grevelund Kiil, Legal Student Assistant Yasaman Mesri, Legal Case Ofcer Ditte Hector Degner, Legal Student Assistant Key subject areas of cases processed • Public employment law • Transport, communication, roads, trafc etc. 142 | Annual Report 2019

• Education and research IT • Prosecution Service and criminal cases etc. Seyit Ahmet Özkan, IT Administrator • Passports, weapons etc. Kevin Pedersen, IT Ofcer • Elections, registration of individuals etc. Ufe Larsen, IT Ofcer • Ecclesiastical afairs and culture • Trade and industry etc. Legal Operations Support and Operations Development Vibeke Lundmark, Senior Consultant Administrative Department Gurli Søndergaard, Senior Language Ofcer Core responsibilities Lisbeth Nielsen, Senior Language Ofcer • Personnel Marianne Anora Kramath Jensen, Senior Language • Finance and analysis Ofcer • HR development • Organisational development Personnel • Information and communications Mette Vestentoft, Special Legal Advisor • Proofreading and other linguistic services Lone Gundersen, Senior Personnel Ofcer • IT Neel Aggestrup, Senior Personnel Ofcer • Service and maintenance Stine Holst Gamain-Nørgaard, Senior Personnel • Records ofce Assistant

Christian Ørslykke Møller, Administrative Director Service Jeanette Schultz, Head of Service HR Development Charlotte Charboe Andersen, Receptionist Lisbeth Kongshaug, Head of HR and Development Flemming Wind Lystrup, Service Assistant Jannie Svendsen, Senior HR and Development Niels Clemmensen, Service Assistant Administration Ofcer Annitta Lundahl, Housekeeper Charlotte Jørgensen, Housekeeper Information, Records Ofce and David Jensen, Housekeeper Communications Katarzyna Sztukowska-Thomsen, Housekeeper Karen Nedergaard, Head of Information, Records Kirsten Morell, Housekeeper Ofce and Communications Suphaporn Nielsen, Housekeeper Anna Skov Fougt, Librarian Julie Gjerrild Jensen, Senior Communications Ofcer Finance and Analysis Eva Jørgensen, Senior Communications Ofcer Torben Frimer-Larsen, Head of Finance and Analysis Carsten Christiansen, Senior Records Assistant Jeanette Schultz, Head of Service Denise Schärfe, Senior Records Assistant Mathias Brix, Finance and Analysis Student Assistant Harriet Lindegaard Hansen, Senior Records Assistant Julie Roland, Senior Records Assistant Sajada Perveen Hassan, Senior Records Assistant This page has been intentionally left blank. This page has been intentionally left blank.