DOCUMENT 4 (2015–2016) DOCUMENT ANNUAL REPORT 2015 REPORT ANNUAL ANNUAL REPORT 2015 › Sivilombudsmannen – Norwegian Parliamentary Ombudsman The Parliamentary Ombudsman’s strategy 2015–2019 Objective: The Parliamentary Ombudsman is tasked with ensuring that individuals do not suffer injustice at the hands of the public administration Vision: A known and clear voice speaking up against injustice Reputational values: Trustworthy, objective and independent – respect for individuals Working environment values: Sense of community and responsibility, openness and freedom of speech, respect for each other Goals: › We shall focus our efforts where the impact is greatest › We shall raise our public profile › We shall enjoy the public’s trust › We shall have an impact on the public administration › We shall have a clear management › Our work processes shall be efficient and expedient › Our working environment shall be socially inclusive and professionally stimulating e roessing o a omlaint omlaint reieve ssesion eater investigate te omlaint e omlaint is reete or: te omlaint is investigate an te ouments are reuire rom te aministration e omlainant reieves a rovisional anser e omlaint is lose or: te ase is investigate an i neee a letter is sent to te aministration e omlainant is notiie letter e investigation onitues te omlainant is given te oorturnit to omment on te inings o te omusman e arliamentar musman gives is oinion in te ase 10 umer o omlaints in : 3093 Ten erent o te ases onsiere ere lose it ritisism Closed with criticism We omlain aout: esolved 10 The case processing time 25 National insurance benefits 65 Public disclosure, duty of securecy, access to documents Closed without criticism esidence permit umer o onealls reieve in : umer o letters reieve: We make omlaints on: County governors umer o letters sent rom te musmans oie: The Norwegian abour and Welfare Administration Municipal administrative bodies umer o ages visite at te esite uring one mont: umer o omlaints reieve b te seure transmisson rom te esite: Document 4 (2015–2016) The Parliamentary Ombudsman’s Report for 2015 Submitted to the Storting on 29 March 2016 Foreword The annual report for 2015 covers my first year in Another goal of the strategy plan is to devote more office as the Parliamentary Ombudsman and for me resources to general and systematic investigations. it therefore represents something of a milestone. This is in line with the Storting’s wishes. By increasing this component, the Ombudsman office will be better As I will come back to below, our office has experienced able to fulfil its mandate. It is a precondition that some major changes in 2015. Much of the year has such investigations are initiated and carried out in a also been spent on preparing changes that will be strategic and expedient way, however. For the case implemented in the years to come, particularly in officers in our office, it is difficult to accomplish this 2016. Most importantly, we sought to achieve this on top of the day-to-day work of handling demanding through a thorough process in which a strategy plan complaint cases. We have therefore established a was developed for the period 2015–2019. The plan new division with special responsibility for systematic is proactive and ambitious, but I believe it is realistic. investigations. This division will not be responsible for handling complaint cases. In addition to sys- One change that readers of this annual report will tematic investigations, it will be assigned certain hopefully take note of is our new graphic profile. In coordinating tasks. The aim is for the division to be accordance with our strategy plan, we have sought operational from August 2016. to give the Ombudsman a modern, durable and recognisable profile. The profile will be used in all The Ombudsman’s core task is to consider the Ombudsman’s communications. complaints, even if we are now devoting more 3 resources to systematic investigations. Citizens public administration makes adjustments after being who complain to us have legitimate expectations of approached by one of the Ombudsman’s case officers a thorough, fast and satisfactory case processing, are perhaps equally important. Such communication so that any injustice can be remedied as soon as usually takes place by formal letters, but can often possible. In the vast majority of cases, we are able also take the form of an informal telephone call. to meet these expectations. The annual report is a Also this side of our activities is reflected in the reflection of a number of individual cases in which annual report. I will not go into detail about the many complaints from citizens have succeeded. And areas in which we work in this foreword, but I would the complaints are now considered relatively fast, like to point out that freedom of information and a factor that is very important if the ombudsman disclosure have been important focus areas for us regime is to work in a satisfactory manner. in 2015, partly because they have been the topic of a number of interesting complaints that have led to There is nonetheless room for improvement. One step important clarifications of matters of principle, and that needs to be taken is to reduce the number of partly because they were the topic of our annual complaints divisions from today’s five to three. Apart human rights seminar. The fact that the seminar from facilitating better prioritisation, it will increase was attended by so many indicates the relevance our possibility of viewing the individual areas of law and importance of knowledge and understanding in in conjunction with each other. In the day-to-day this area. The public’s right to freedom of information operations, larger complaints divisions will also be and disclosure forms an obvious ruling principle, less vulnerable. at the same time as we clearly have the powers to make important and reasonable exceptions. It can If the Ombudsman regime is to work in a satisfactory sometimes be difficult to determine how far these manner, it is essential that we have the power to powers extend. I was satisfied that the seminar gave make an impact on the public administration. It is us a balanced picture, based on input from knowled- generally known that the Ombudsman’s opinions geable spokespersons for all relevant points of view. are not binding, but it is assumed, not least by the Storting, that they will be complied with. In practice, In 2015, the Parliamentary Ombudsman’s National this is normally what happens. In 2015, however, the Preventive Mechanism (NPM) has made regular Ministry of Local Government and Modernisation visits to places where people are deprived of their refused to comply with my opinions in two cases. liberty. Based on these visits, thorough reports have Both cases concerned building in the shore zone, been prepared in which the Ombudsman makes a where non-economic interests come into play, number of recommendations to public authorities. which individuals cannot automatically be expected I note that these reports are well received, including to take into account. The two cases differ, but the by those who are responsible for and work at these common denominator is the consequences for the institutions. That in itself is a good testimonial for an ombudsman regime of the Ministry not complying entity that largely breaks new terrain. with the Ombudsman’s opinions. I therefore found reason to submit a special report on these cases to the Storting. At the time of writing, the case is pending consideration by the Storting’s Standing Aage Thor Falkanger Committee on Scrutiny and Constitutional Affairs. Parliamentary Ombudsman It has gradually also become clearer to me that the Ombudsman’s impact on the public administration cannot simply be assessed on the basis of the more formal opinions. The many cases in which the Content Foreword ................................................................................................................. 2 › Articles › The content and importance of the duty to provide guidance in a digitalised public administration ................................................................. 7 › The power behind the opinions – authority and instruments ...............................12 › The Parliamentary Ombudsman’s experience of two mandates ............................20 › Freedom of speech for public sector employees ...............................................22 › The significance of human rights to the work of the Parliamentary Ombudsman ....28 › Overview of cases in 2015 ................................................................................37 › Statistics ........................................................................................................43 › About us › Overview of divisional structure and specialist subject areas ..............................51 › The Ombudsman’s office – staff list................................................................. 52 › Budget and accounts .....................................................................................54 › External activities ..........................................................................................55 › Act relating to the Parliamentary Ombudsman for Public ...................................60 Employees of The Parliamentary Ombudsman Articles 7 The content and importance of the duty to provide guidance in a digitalised public administration The public administration has must be adapted to individual needs: ‘Users shall be provided with help and guidance