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 2018 Phone +45 33 13 25 12 www.ombudsmanden.dk [email protected] 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 2018. Copenhagen, March 2019 JØRGEN STEEN SØRENSEN 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 2019 Also available in PDF format on www.ombudsmanden.dk Graphic design Conduce Photographers Jasper Carlberg Nils Lund Pedersen Jakob Dall ISSN 1902-0120 Contents The Ombudsman institution in 2018 Jørgen Steen Sørensen, Parliamentary Ombudsman 4 Limits to the use of news exclusives Louise Vadheim Guldberg, Director General, and Jacob Christian Gaardhøje, Deputy Head of Division 10 When a good question resolves the case Inge Birgitte Møberg, Deputy Head of Division, and Lisbeth Adserballe, Head of Division 18 Dry rules provide quality in public administration Jørgen Steen Sørensen, Parliamentary Ombudsman 26 Facts and fgures about our monitoring activities 34 Overview of the year Summaries of selected statements 68 Extracts from news published in 2018 96 The year in fgures 108 Statement of revenue and expenditure 2018 124 Organisation 130 The Ombudsman institution in 2018 | 5 Jørgen Steen Sørensen Parliamentary Ombudsman Every year as Ombudsman — and also in 2018 — I have given many talks on the institution’s work. The talks usually give rise to discussions and questions. Mostly about cases we have inves- tigated. But also many questions on what it is really like to be Ombudsman. The last question is simple to answer in headline The Ombudsman must be politically form: exciting, meaningful and educational. neutral – but is that possible? Yes, absolutely. An Ombudsman has political But I am not usually let of that easily. Here is a opinions, just like everybody else. But he has selection of questions I am often asked – and to leave those opinions at home when he goes my answers: to work. Just like, for instance, judges. This is especially important to show in those – not very What is the most difcult thing about many but often intensively publicized – cases being Ombudsman? of political interest. Here, I must be particularly It can of course be difcult to fnd the correct careful to lay out the legal arguments openly legal answers in the cases. But it is made a great so that anybody can test them. And then trust deal easier by highly qualifed staf, thorough in the outside world to understand that an processes and a good dialogue with the author- assessment can well be legal even though it has ities. In my experience, clearly the most difcult political consequences. thing is prioritising. The Ombudsman institution has just over a 100 staf and covers a public ad- ministration with 800,000 employees. It is by no means possible to investigate all cases. So what should I take up, and what should I leave? And how big are the problems I leave, I wonder? 6 | Annual Report 2018 It is said that it is a very personal to come to the rescue if there are problems with post to be Ombudsman – so does the authorities. I have to fnd my own solution to it really feel like that? the cases I myself decide to investigate. Well, yes and no. The Ombudsman is the only one who is accountable to Parliament. And to Do you fnd it annoying that you can a large extent the Ombudsman does represent only be Ombudsman for 10 years? the institution in the public mind. In that way, the I am very happy with my job, but generally no. post is very personal. But in the normal run of Partly it is after all the law which decides that things, I feel it much less. There, the cases are you can only be Ombudsman for 10 years, so put together by the legal staf. And though the that is just the way it is. And partly, for me per- Ombudsman has the fnal say, the best argu- sonally, it is a good motivating factor that I have ment must win. That argument often comes a set time period at my disposal, and then it is from the legal staf, and not from me. over. It helps get things done in time. Can you as Ombudsman and watchdog be on good terms with the authorities? As I said above, these are some of the questions Well, it is up to the authorities to determine I am often asked. And some of my answers. whether they feel that they are on good terms with us. But basically, we do feel on good terms What 2018 more specifcally has brought in the with them. We are very aware of the need to Ombudsman institution, you can read about in show them respect and a sense of their reality. more detail in the following. About why dry legal I also think that this is the best way to get them rules on, for instance, the duty to take notes to do the correct thing. The Ombudsman must and keep records may be of great importance frst and foremost make sure that the citizens’ to the way schools deal correctly with children problems with the authorities are resolved. The and young people. About the limits to the use best way to do this is if we get on well with the of so-called news exclusives. About how good authorities. questions from the Ombudsman to the authori- ties may help citizens reach a quick resolution. Does Parliament interfere in the Ombudsman’s cases? And about our overall activities in the year gone No. Once in a while, you may see individual by. members of Parliament express criticism of the Ombudsman’s work. You have to take that as all Enjoy the report. in a day’s work – and of course consider wheth- er the criticism is correct. But Parliament never interferes in what cases I should investigate and what results I should arrive at. In return, you should not as Ombudsman count on Parliament Jørgen Steen Sørensen | 7 8 | The fre cadets of the islands of Lolland- Falster’s fre department is a programme for vulnerable 10- to 18-year-olds. 18/01225 18/03865 Is it all right for the municipality to cease A 14-year-old boy, who was placed outside the payment of cash beneft because a citizen is the home, called the Ombudsman institution and paid compensation for pain and sufering after a said that he would like to stay the night at his grand- work-related accident? Initially, a recipient of cash mother’s when he visited her. The staf member beneft did not get a reply to this question when at the Ombudsman institution, with whom the boy he appealed against the municipality’s decision to spoke, telephoned the municipality and passed on the Social Appeals Board. This was because the the boy’s wish. Subsequently, the boy wrote to the man had lodged the appeal too late, and the Social Ombudsman institution that he was dissatisfed Appeals Board declined to consider the case. with a number of things. Among others, that the municipality did not consider him old enough to If you have your own means of support, you cannot manage his contact with his family. The Ombuds- usually receive cash beneft. However, this does not man institution sent the boy’s points of complaint apply to compensation for pain and sufering after on to the municipality and informed him that he a work-related injury. Therefore, the Ombudsman could contact the Ombudsman institution again sent the man’s complaint to him on to the Social if he did not receive a reply from the municipality, Appeals Board in order for the man to get a reply or if he was dissatisfed with the reply. as to whether the decision was wrong. In that case, this could be a reason to disregard the expiry of the When children contact the Ombudsman’s Chil­ deadline for appeal. dren’s Division, it is especially important that they be sent in the right direction. Often it is the The Social Appeals Board now assessed that there municipality which has to get involved. was an evident error in the municipality’s decision. Therefore, the decision was reversed so that the compensation was no longer included in the calcu- 18/00852 lation on whether the cash beneft was to cease. When is a residence permit revoked if you leave Denmark? A citizen asked the Ombudsman In 2018, the Ombudsman processed close a number of questions on the interpretation of a to 100 complaints against decisions about provision in the Aliens Act. social payments and sent approx. a quarter of them on to the authorities for a more detailed The Ombudsman replied that his jurisdiction does response. A number of the cases forwarded not extend to issuing general legal statements by the Ombudsman to authorities for their which are not connected to his processing of a detailed response end up with a diferent complaint about a particular matter of the public outcome.