Die Bürgerbeauftragte für soziale Angelegenheiten Samiah El Samadoni begrüßt die Regelungen des am 23. Juni vom Bundestag beschlossenen 27. BAföG-Änderungsgesetzes ausdrücklich, sieht aber noch dringenden Verbesserungsbedarf. „Die Maßnahmen sind ein wichtiger Schritt in die richtige Richtung“, so El Samadoni. „Allerdings müssen BAföG-Leistungen kostendeckend sein, um Chancengerechtigkeit im Bildungssystem für alle zu gewährleisten.“

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A discussion on children’s right to be heard — “Listen to children and young people. They HAVE an opinion!”

On the International Day for Protection of Children, June 1, the Ombudsman in cooperation with the Latvian Children’s Welfare Network (LBLT) organised an online discussion on the importance of child participation “Listen to children and young people. They HAVE an opinion!”. The aim of the discussion was to highlight child participation - the right to express their opinion and to be heard. Children’s right to be heard is fundamental to ensuring their rights and best interests in any field. Promoting participation helps young people develop conflict resolution skills and connect with their peers and adults. The discussion was attended by representatives from the Ombudsman’s Office and the Latvian Childen’s Welfare Network, as well as from the Centre “Dardedze”, Cēsis New School, Youth International Programme Agency and the Youth Organisation “Protests”.

The information campaign on children’s rights has concluded. Ombudsman: Children are not an object of care, but individuals with dignity and rights

This year marks the 30th anniversary of Latvia’s accession to the UN Convention on the Rights of the Child. In order to highlight the importance of children’s rights, an information campaign throughout June explored various topics related to children’s rights, such as access rights, child neglect and out-of-family care. The aim of the campaign was to raise awareness of children as fully-fledged members of society, as well as to highlight the role of society in the development and protection of children’s rights. Campaign materials are available here. Ombudsman Juris Jansons: “Children are not an object of care, but rather developing individuals with dignity and human rights. They just need help to exercise their rights, as well as care and protection. Children mirror our society. It is our duty to ensure every child’s right to live in a family, in an atmosphere of happiness, love and understanding, to grow in a safe environment and to develop their abilities, knowledge and personality.”

The “Ready for Life” lectures read by the Ombudsman’s Office reached almost 1000 students

In the last academic year, the specialists of the Ombudsman’s Office have given 38 guest lectures as part of the school programme “Ready for Life”. A total of 911 pupils from different regions of Latvia participated. Students from 9th to 12th grades were educated on topics that can be useful both in everyday situations and in future professional development. The Ombudsman offered lessons on electoral literacy, during which students learned about the importance of elections in a democratic society. In the course of the legal text literacy class, students got an idea of the laws and regulations, where to look for them and how to apply them to everyday situations, developing their legal literacy. During the sessions on data protection, students learned the basic principles of personal data protection and learned how to protect their data.

Typical discrimination in job advertisements: “Too young to be a ...”

The Ombudsman has observed that, in social media, people often share information about requirements for potential employees in job advertisements. The Ombudsman stresses that there are aspects that must not be mentioned in job advertisements. The Labour Law provides that discrimination on the grounds of age, gender or lack of knowledge of a foreign language is prohibited. It is allowed to indicate the desired gender, age or knowledge of foreign language only in cases where this is a fundamental prerequisite for the performance of the work duties. Ombudsman Juris Jansons: “Employer! Before placing a vacancy advertisement, make sure that its content does not contradict the law. Let’s reduce the stigma together and create an open and accessible working environment for everyone who approaches their chosen profession with enthusiasm, knowledge and abilities.”

In terms of Article 22(4) of the Ombudsman Act, the Ombudsman, Mr. Anthony C. Mifsud, and the Commissioner for Environment and Planning, Perit Alan Saliba, have sent to the House of Representatives the Final Opinion about a complaint concerning a sewage blockage in a block of apartments in Siggiewi caused by a poorly maintained garage owned by the Lands Authority.

Case Summary

On 18 May 2021, the Office of the Ombudsman received a complaint against the Lands Authority for failing to take action to remedy the condition of its owned garage, which was causing a blockage in the drainage system of a block of apartments in Siggiewi. The complainant alleged that this blockage was causing lift damages and rat infestation.

Following an investigation, the Commissioner concluded that there were serious shortcomings in how the Lands Authority dealt with this complaint.

The Commissioner recommended that the Authority should make the necessary repairs without further delay.

Outcome

Since the Lands Authority did not accept the Commissioner’s recommendations, the case was referred to the Prime Minister in May 2022. Since no action has been taken, the Ombudsman and the Commissioner sent the report to the attention of the House of Representatives.

Documents:

08.04.22 – Final Opinion

30.05.22 – Letter to the Hon. Prime Minister

30.06.22 – Letter to Mr Speaker

Dorset Council is to improve the way it provides alternative education for children who are unable to go to school, after a boy with special educational needs missed out on education for nearly two years.

The boy’s mother complained to the Local Government and Social Care Ombudsman that her son, who has Attention Deficit Hyperactivity Disorder (ADHD) and traits of Autism, had been experiencing high levels of stress and anxiety when he became unable to attend school.

Between February 2020 and November 2021 the boy was provided with very little suitable education, or support for his needs, apart from a brief period where he was provided with social activities.

The Ombudsman’s investigation found the council failed to provide the boy with proper alternative education and social support for much of the period. The investigation also found fault with the way the council reviewed the boy’s Education, Health and Care Plan. It also criticised the council’s communication with the boy’s mother and the way it handled her complaints.

Michael King, Local Government and Social Care Ombudsman, said:

“Councils have a duty to ensure alternative education is provided for children who are unable to attend school for whatever reason, and they cannot delegate this duty to schools or other providers.

“In this case, a boy with special needs has been without proper education for a significant period.

“I’m also issuing a special report today highlighting this case is not unique – far too many children across the country are missing out on the vital support they need to achieve their full potential because they are being denied their basic right to an education.

“I am pleased Dorset Council has readily agreed to the recommendations I have made to put things right in this case. I hope the changes it will make to the way it keeps track of children out of school, and the services it provides for them, will ensure other children are not disadvantaged like this child.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services.

In this case the council has agreed to apologise to the mother and pay her £500 to recognise the lost opportunity for her child to receive education between May and July 2020, and also the lost opportunity to comment on the draft EHC Plan in February 2021.

It will also pay the mother £6,300 to recognise the impact of lost education on her son, plus a further £1,500 in recognition of the avoidable stress and anxiety caused It will also pay a further £500 for the avoidable time and trouble and for the council’s poor communication.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council should ensure annual reviews and transfer reviews are tracked for all children with EHC Plans. It will also improve its record keeping and communication with parents and improve its complaints handling.

The council has also agreed to ensure suitable alternative provision is made for children who need it.  It will show the Ombudsman how it will track alternative provision  being made to children and how it will ensure children who are out of school meet their educational and special educational needs.

Article date: 07 July 2022