La jurista aragonesa María Ángeles Parra, magistrada del Tribunal Supremo, es reconocida con la Medalla del Justicia

Date of article: 20/11/2018

Daily News of: 20/11/2018

Country:  Spain - Aragon

Author: Regional Ombudsman of Aragón

Article language: es

En su toma de posesión, el Justicia de Aragón, Ángel Dolado, insistió en destacar la importancia de poner de relieve a aquellas personas que, mediante su actividad personal o profesional, ponían de manifiesto una difusión de los valores aragoneses más allá de nuestras fronteras.

Es por ello, que ha querido continuar con el legado del Justicia Juan Montserrat, quien instituyó el Premio “Justicia de Aragón a los Derechos Humanos” para aquellos aragoneses universales que destacaban en esa materia.

Con la creación de la “Medalla del Justicia”, se amplía ese reconocimiento de la Institución a aquellas personas que, habiendo logrado una excelencia en su labor personal o profesional en su materia, logran difundir una buena imagen de nuestra Comunidad.

Dicha medalla será entregada el próximo día 20 de diciembre, en un acto institucional, dentro de las actividades programadas con motivo del aniversario de la ejecución de Juan de Lanuza, destinadas a impulsar el conocimiento de la Institución.

María Ángeles Parra estudió la carrera de Derecho en la Universidad de Zaragoza, en la que es catedrática actualmente, en 1986 y se doctoró en 1989.

Ha sido también catedrática en la Universidad de La Laguna (2001-2005) y Profesora Titular en la Universidad Autónoma de Madrid (1989-1992) y en la de Zaragoza (1992-2001).

De 2002 a 2008 estuvo en la Audiencia Provincial de Zaragoza.

Tiene 30 años de experiencia docente en todas las asignaturas de Derecho Civil, en cursos de doctorado y en máster.

Y ha participado en cursos de especialización organizados por colegios profesionales e impartido conferencias y ponencias en multitud de congresos.

Es autora -y directora- de numerosas monografías y manuales y de abundantes artículos publicados en revistas especializadas.

Desde enero de 2017 es magistrada de la Sala Primera del Tribunal Supremo, consiguiendo con su llegada, la presencia de mujeres en todas las salas del alto tribunal desde su creación hace 205 años.


 

Read more

El Síndic insta a impulsar políticas de infancia que superen el estancamiento de los años de la crisis

Date of article: 20/11/2018

Daily News of: 20/11/2018

Country:  Spain - Catalonia

Author: Regional Ombudsman of Catalonia

Article language: es

Informe anual sobre los derechos del niño 2018
(Presentación al público 20/11/2018 17 h - seu del Síndic)


Las principales recomendaciones en cuanto al sistema protector son la promoción del acogimiento familiar, la mejora del acompañamiento de los niños y la diversificación de los recursos

En el ámbito educativo, destaca el Pacto contra la segregación. Monográficamente, el informe también analiza el riesgo de la creación de centros o grupos adicionales a demanda de las familias

El derecho a adoptar decisiones colectivas respecto de la asistencia a clase es un derecho que el alumnado tiene reconocido sin restricciones y su ejercicio no debería estar supeditado a la voluntad de las familias

Se destaca como elemento positivo el refuerzo de la red de asistencia a la salud mental infantil

El informe incide en ocho ámbitos prioritarios: sistema protector, educación, pobreza, salud, tiempo libre, abusos sexuales, igualdad y la condición de los niños como sujetos de derecho

Read more

Bedford couple’s support withdrawal highlights special guardianship concerns

Date of article: 20/11/2018

Daily News of: 20/11/2018

Country:  United Kingdom - England

Article language: en

Special guardians deserve the right advice and support from councils before taking on the role, says the Local Government and Social Care Ombudsman.

The findings come from an Ombudsman report in which Bedford Borough Council unfairly cut the financial support to a couple, after asking them to become special guardians to the children they were fostering.

The report echoes the calls the Ombudsman made earlier this year for councils to learn from the seven out of ten complaints it upholds about Special Guardianship Orders (SGO), to ensure children and their guardians are properly supported.

In this case, the council applied for an SGO for the couple without fully involving them in the process and not properly explaining it would review their financial support. This was despite the couple saying they didn’t want to accept the arrangements if it meant a reduction in their income as professional foster carers.

During the Ombudsman’s investigation, the council agreed to restore the support to the level the couple received as foster carers, and to backdate payments they had missed out on.

Michael King, Local Government and Social Care Ombudsman said:

“Special guardians do a vital job in providing stability and security for some of our most vulnerable children who cannot live with their birth parents. While taking this on willingly, in return they deserve to have all the facts to understand the implications for their lives.

“In this case, Bedford Borough Council simply didn’t follow best practice in advising, involving and consulting with the couple. However, I welcome its acceptance of our findings and its offer to restore the family’s support.

“In addition, I have used our powers to recommend how the council should improve its procedures in the hope that other potential special guardians will not be placed in the same position.”

The couple who complained to the Ombudsman said:

“Having to go through this stress was a traumatic ordeal. So our hope is that other councils hear this story and learn from it.

“We feel without the Ombudsman’s help, we wouldn’t have got to where we are now, with the council accepting they got things wrong. We’re thankful we have got our issue resolved, and other special guardians should know that the Ombudsman is there if they have been treated in a similar way to us.”

The couple had fostered two young siblings for around 18 months before the council approached them to be special guardians, when it became apparent the children could not return to their mother. The couple made it clear the arrangement needed to be financially viable for them.

As part of the care proceedings, the council filed a support plan with the SGO, but it hadn’t been shared with the couple in advance so they could not agree to it.

The support plan said the couple would be expected to claim welfare benefits, and the value would be deducted from their current allowance rate. However, it did not say their overall allowance rate may be reduced in future or subject to a wider means test.

After the special guardian court order was agreed, the council reviewed the couple’s level of financial support. Eventually, after paying the allowance at the same level for over two years, the council reduced their payments by up to half for both children.

The couple told the council they were happy to be looking after the children and were pleased with how they were thriving. But they felt bullied into taking the SGO and were now struggling financially. They said they were led to believe they would continue to receive the same level of support they had as foster carers.

The Ombudsman’s investigation found the council at fault for a number of things including:

  • not explaining the financial implications of changing status from foster carers to special guardians
  • not consulting on versions of the support plan
  • reducing allowances contrary to the support plan
  • poorly explaining its decisions and keeping records

The Local Government and Social Care Ombudsman’s role is to remedy injustice and share learning from investigations to help improve public, and adult social care, services. In this case the council has already offered to restore the financial support to foster carer allowance levels until the children reach 18, and repay missed support.

It has agreed to double the £250 it originally offered to recognise the couple’s distress and time and trouble complaining. It will also report back to the Ombudsman on how it will brief its staff on the correct procedures and legal requirements of special guardianship, particularly around making SGO support plans clear on the matter of financial support.

Special guardians are people who look after children who are not their own, following a court order. The Special Guardianship Order gives children more permanence than a regular fostering arrangement, and gives their guardians more rights to make decisions on their behalf. In practice, they are often a less costly option for councils than residential or foster care.

Article date: 20 November 2018

Read more

Patient Dies After Wound Care Failures: Ombudsman Investigation

Date of article: 20/11/2018

Daily News of: 20/11/2018

Country:  United Kingdom - Wales

Article language: en

A pensioner died after a Health Board failed to provide appropriate wound care during his admission to a Community Hospital, an Ombudsman investigation has found.
 

Mr R (anonymised), 92, had undergone a total hip replacement following a fall at home and was subsequently discharged to a Community Hospital in the Aneurin Bevan University Health Board area for rehabilitation.

A complaint was made by Mr R’s son that staff at the Community Hospital failed to identify, manage and treat his father’s post-operative infection or arrange for his transfer back to the District General Hospital, for treatment, appropriately.

The Ombudsman found that:

  • Appropriate dressings were not used at any time throughout Mr R’s care and at one-point telephone advice was given to use a stoma bag to collect the discharge, instead of making proper arrangements for wound care and using an appropriate dressing.  Furthermore, Mr R’s wound clips remained in situ throughout his admission, which was likely to have exacerbated his infection.
  • There was no comprehensive review of Mr R or his wound by a doctor after the initial admission assessment, despite clear evidence that infection was present.
  • Senior medical advice should have been sought promptly from the District General Hospital and the failure to do so delayed appropriate treatment for Mr R by at least a week, which made it more difficult to treat the infection, and for Mr R to fight it.
  • The Health Board failed to ensure that it had fully informed the Welsh Ambulance Services Trust of Mr R’s condition, so that appropriate transport could be arranged to transfer him back to the District General Hospital.

Commenting on the report, Public Services Ombudsman for Wales, Nick Bennett, said:

“With regards to Mr R’s wound treatment, it’s deeply concerning that despite the patient’s son and nursing staff raising issues, both the Doctor and a Tissue Viability Nurse seemed to be unaware of appropriate best practice.

“Had Mr R’s infection been successfully addressed, Mr R may not have developed the subsequent pneumonia which lead to his death, and this is a heart-breaking injustice for the family of the patient.”

The Health Board has agreed to a number of recommendations including an apology and £2,000 to Mr W in recognition of the service failures identified and the repercussions of those failings for Mr R.

 

Read more

Reportletter: school on Sint Eustatius concerned about education level because of Internet usage and capacity problems

Date of article: 08/11/2018

Daily News of: 20/11/2018

Country:  Netherlands

Author: National Ombudsman of the Netherlands

Article language: en

Gewendoline van Putten School on Sint Eustatius complaints about Internet usage problems encountered by the school. The islands's Internet capacity falls far short of Dutch standards and the prices for Internet access are extraordinarily high. This makes it difficult for the school to offer the desired level of education. The National ombudsman asked the coordinating minister (minister of the Interior and Kingdom Relations) to inform him about the current status of the process (2015.30532).

Public body: Minister of Interior and Kingdom Relations

Complaint:

desired level of education cannot be guaranteed because of Internet usage and capacity problems

Judgement: gegrond

Gewendoline van Putten School on Sint Eustatius complaints about Internet usage problems encountered by the school. The islands's Internet capacity falls far short of Dutch standards and the prices for Internet access are extraordinarily high. This makes it difficult for the school to offer the desired level of education. The National ombudsman asked the coordinating minister (minister of the Interior and Kingdom Relations) to inform him about the current status of the process.

Dear Mr Odijk,

You contacted the National Ombudsman on behalf of the Gwendoline van Putten School on Sint Eustatius because of Internet usage problems encountered by the school. According to the school, the island’s Internet capacity falls far short of Dutch standards and the prices for Internet access are extraordinarily high. This makes it difficult for the school to offer the desired level of education.

Concerns made known
We made your concerns known to the Public Body of Sint Eustatius and to the Minister of the Interior and Kingdom Relations and asked a number of questions. You received copies of the relevant communications. We have not received a response from the Public Body.

The Minister of the Interior and Kingdom Relations responded in a letter dated 5 September 2016. The Minister stated that a number of steps had been taken to be able to offer faster and cheaper Internet in the Caribbean Netherlands. As a result of these steps, Internet speed will increase by at least 25 MB/s this school year. According to the Minister, this is a matter for which various parties bear responsibility. The school is responsible for educational policy with support from the Ministry of Education, Culture and Science, while the same Ministry has a proactive role in stimulating developments in the Internet field. For its part, the Ministry of the Interior and Kingdom Relations has removed a significant difficulty by commissioning the installation of a subsea cable to Saba and Sint Eustatius, while local telecom operator Eutel is responsible for the local infrastructure on the island, says the Minister. As Eutel’s shares are held by the Public Body, the Minister points out that the Public Body can influence Internet policy, taking into account that Eutel is a company that needs to make a profit in order to provide

services. The Minister further stated that the Ministry of Economic Affairs, which is responsible for telecommunications and business establishment policy and for issuing telecommunications licences and permits, is amending where necessary the policy, legislative and regulatory frameworks for the Caribbean Netherlands. The Minister indicated that, as a result of this, a subsidy scheme entered into effect on 1 July 2016 for improving telecommunication facilities in the Caribbean Netherlands. The local telecom operator may apply for a subsidy for creating telecom facilities in the public interest, for example for educational purposes. The subsidy may also be used to solve problems affecting the local infrastructure, so as to enable schools to be among those that benefit from high-speed Internet and from the advantages offered by the subsea cable. The Minister concluded by noting that the solution for faster and cheaper Internet is a step-by-step process. It requires a joint effort. As the coordinating minister, he will continue to press for progress in this matter. The Minister said that he would remain in contact with the National Ombudsman if new developments occurred.

In an e-mail dated 13 October 2016, you responded to the foregoing. You further gave an update on the most recent developments in an e-mail dated 26 October 2016. You informed the National Ombudsman that a fibre-optic cable had already been laid from the school to Eutel’s network. You further stated that the school had engaged in talks with Eutel and Commissioner Simmons of the Public Body. It emerged from this dialogue that Eutel was unaware of the subsidy scheme even though, as you pointed out, there had recently been contact between Eutel and the Ministry of Economic Affairs. You further indicated that Eutel was now going to apply for a subsidy after you let the company see the letter from the Minister of the Interior and Kingdom Relations to the National Ombudsman. The subsidy was said to be necessary for the school because the school is unable to afford USD 5,000 per month for an Internet speed of 100 MB/s, which Eutel can now offer without making a profit. You say this is also a requisite on account of the longer-term planning for a step-by-step transition to 1000 MB/s (1 GB/s) if the school actually starts to use ICT facilities during lessons, as is standard practice in the European Netherlands.

Findings and evaluation
The National Ombudsman checks whether government is acting properly. One of the requirements is that the government respects the fundamental rights of citizens. The right to education is a fundamental right embedded in the Constitution of the Netherlands and in the European Convention on Human Rights. It is a fundamental right that requires an active approach by the government. In November 2015 the Dutch House of Representatives passed a bill calling for all primary schools (in the European Netherlands) to be connected to high-speed Internet. The House of Representatives regards this as a government responsibility that should be carried out in cooperation with the private sector. The United Nations has designated affordable Internet access as an important condition for the development of any country or society. The existence of good ICT facilities is directly linked to achievement of many of the 17 Sustainable Development Goals defined by the UN, in this instance the provision of good education.

In short, the government may be expected to ensure that schools have good Internet access. If market disturbances prevent this from happening, it is incumbent upon the government (including central government) to bring about improvement.

By Dutch standards the Gwendoline van Putten School on Sint Eustatius unquestionably needs faster and cheaper Internet in order to offer education at the desired level. This means that at present the right to education is insufficiently assured. By the same token it is evident that faster and cheaper Internet cannot be accomplished overnight due to the differences between the Caribbean and European Netherlands in terms of infrastructure, market forces and the exceptionally small size of the island. But this does prompt the question of whether the government is making sufficient efforts to bring Internet capacity and costs to an acceptable level for good and affordable education.

A lot started to happen after the National Ombudsman opened the investigation in February 2016, as evidenced by the Minister’s response. The Minister has shown that he is making efforts and taking responsibility. In a reasoned explanation the Minister called this a process in which several parties must work together (i.e. the school, the Public Body, the Ministry of the Interior and Kingdom Relations, the Ministry of Education, Culture and Science, and the Ministry of Economic Affairs), whereby in his capacity as the coordinating minister he will continue to press for progress. I assume that the Minister will keep all stakeholders informed of all steps being taken.

Further steps
It is now up to the parties mentioned by the Minister to act, with the Minister as coordinating member of government. I have informed the Minister that I wish to hear from before 1 February 2017 about the current status of the process. I would also like to hear from you about any recent developments.

I have sent a copy of this letter to the Public Body of Sint Eustatius and to the Minister of the Interior and Kingdom Relations. In an accompanying letter, I asked the Minister to inform me before 1 February 2017 about the current status of the process.

Yours sincerely,


Reinier van Zutphen
National Ombudsman of the Netherlands

Publicatiedatum
Rapportnummer
Reportletter:

 

Read more