Deputy-Ombudsman Mikko Sarja has commented on the appropriateness of the guidelines for benefits of the Social Insurance Institution of Finland (Kela). Kela, based on its guidelines, considered Veikkaus' winnings from gambling and private financial assistance to be the client’s income if the client had received such winnings and assistance in the previous months.  

According to the Deputy-Ombudsman, the Act on Social Assistance does not contain a provision that would entitle Kela to include in the calculation of social assistance such income that the client does not actually have at their disposal when social assistance is determined. As a rule, the provisions on disposable income prevent calculated (fictitious) income from being considered as a person’s disposable income. 

Kela’s actions were based on its own guidelines for benefits. The Deputy Ombudsman emphasises the fact that an authority’s guidelines that are not legally binding cannot be used to restrict an individual’s right to services and support measures that have been laid down in law. 

The Deputy Ombudsman has requested that Kela report the measures it has taken as a result of the decision. In addition, the Deputy Ombudsman has proposed that the Ministry of Social Affairs and Health assess whether there is a need to make changes to the provisions laid down on the client's disposable income in the Act on Social Assistance. 

The full text of Deputy-Ombudsman Mikko Sarja’s decision no 1192/2022 has been published (in Finnish) on the Parliamentary Ombudsman's website at www.oikeusasiamies.fi.

For more information, please contact Principal Legal Adviser Tapio Räty, tel. +358 (0)9 432 3379 and Temporary Legal Adviser Eeva-Maria Tuominen, tel. +358 (0)9 432 3395.

The Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon, submitted the Annual Report 2022 to the Speaker of the House of Representatives, the Hon. Anglu Farrugia. The results outlined in this report were delivered during the extended term of office of Mr Anthony C. Mifsud, who served as Parliamentary Ombudsman until 8th March 2023.

In the foreword of the Annual Report 2022, the Ombudsman acknowledged the remarkable service of his predecessor, Mr Anthony C. Mifsud, and former Commissioner for Health, Mr Charles Messina, for demonstrating unwavering commitment to their roles, setting commendable standards for public service. “The country owes a debt of gratitude to these loyal servants,” the Ombudsman said.

The Ombudsman expressed his commitment to reaffirm, through tangible and positive action, the primary role of the Ombudsman in addressing complaints by persons with regard to actions of the public administration that are allegedly unfair, prejudicial, or discriminatory.

Looking ahead, the Ombudsman announced that through determined proactive action, he intends to increase “own initiatives” investigations aimed at improving the workings of the public administration, not just to better the level of service but also to highlight the good that the public administration does for its customers. He assured that whoever resorts to the Office of the Ombudsman will find solace in this institution and that all efforts will be focused on ensuring that recommendations are implemented by public authorities, primarily through the force of conviction.

The Ombudsman continued, stating that he strongly believes that the institution, even within the current legal framework, has the ability and will to stimulate and advance legitimate debates on the daily defence of human rights in all aspects.

In these initial months, the Ombudsman said that he had witnessed responsive public services, and he would like to commend those sectors of the public administration that have reacted positively or shown understanding to inquiries made by the Office.

Download the Annual Report from here

On 22 June 2023, Human Rights Ombudsman Peter Svetina participated at a round table discussion entitled Izgubljeni 19.a člen ali Zakaj se invalidom odvzemajo pravice (Lost Article 19a or why are rights taken away from people with disabilities) organised by the Gibanje Nediskriminacija movement.

In his introductory address, Ombudsman Svetina emphasised that four years ago with the Personal Assistance Act Slovenia made an important step towards more active inclusion of people with disabilities in society. “Unfortunately, it did not take long before we at the Ombudsman’s office started receiving numerous complaints pertaining primarily to non-recognition of certain costs and lengthy decision-making procedures at the second instance as well as to reducing the scope of the already recognised right to personal assistance based on Article 9 of the Personal Assistance Act without the possibility of using a legal remedy,” said Svetina.

He added that with the system of personal assistance the state has established a standard that cannot now be ruined and lowered. “Moves are happening in the field of personal assistance of which I and the institution of the Ombudsman are not informed. We have asked the competent Ministry of Labour, Family, Social Affairs and Equal Opportunities for a timeline for the adoption of the law, its rough content, and ideas within which the working group is searching for solutions. We have not received the answers and the act proposal,” highlighted the Ombudsman.

The Ombudsman expects that after the completed legislative reform a system will be established that will provide all individuals with comparable needs comparable forms of help and will be completely assembled from the Long-Term Care Act and the Personal Assistance Act. These two acts together have to ensure that individuals do not have their rights violated. “I have several times warned against the problem of ambiguity of the criteria and meeting the criteria for personal assistance, as it is, or is not, evident from the decisions and appended expert opinions. A person cannot make an effective challenge by legal means since they do not know where their positions differ from those of the experts. I am satisfied that the re-evaluation procedures of the entitlement to personal assistance were stopped, but shortly before the suspension, a list of the names of all those who were directed to the re-evaluation process in the first round was created. The biggest problem is that such a list was made in the first place, and that it was made due to costs which exceeded expectations. We at the Ombudsman’s office dealt profoundly with the question of how and, above all, why the list was made, but unfortunately did not get any answers,” explained Ombudsman Svetina.

Two crucial questions we should be asking ourselves are what is the purpose of personal assistance and what it strives to achieve. A comprehensive treatment is needed in the fields of personal assistance, long-term care, and people with disabilities. “We have to be especially alert about those people who need constant and demanding treatments and do not meet the criteria for different rights that would enable their stay at their own home, while social care institutions have a problem with admitting individuals with specific medical requirements. The system must ensure that nobody is left behind in the end or that the solution of the problem is not pushed to hospital treatment since it is not really needed, while on the other hand it is not received by somebody who does need it,” concluded Ombudsman Svetina.

Eurojust and the Office of the Prosecutor of the International Criminal Court have won the 2023 European Ombudsman Award for Good Administration for helping civil society to document war crimes and crimes against humanity.

The Guidelines for Documenting International Crimes and Human Rights Violations for Criminal Accountability Purposes advises on the collection and preservation of information so that it can be used as admissible evidence in court.

“Holding the perpetrators of war crimes and human rights violations accountable brings justice for victims and may have a deterrent effect in future conflicts. History has shown how hard it can be to prosecute such crimes, which is why finding effective ways to collect and preserve evidence is so vital.”

Speaking generally about the quality of submissions for the Award for Good Administration, the Ombudsman said: “This year’s nominations have once again shown the exceptional quality of the work of EU institutions, ranging from internal initiatives to create a more efficient administration to the tackling of key issues affecting Europe and the world.”

Background

The Award recognises actions by the EU public administration that have a visible and direct positive impact on the lives of citizens. Prizes in five categories – including excellence in diversity and inclusion, and excellence in open administration – were also awarded.

The Ombudsman introduced the award in 2017 to recognise excellence in EU public service and to encourage the sharing of good ideas and best practice. This is the fourth edition of the award.

The nominations were assessed by an independent advisory board with the winners chosen by the Ombudsman.

• Christopher Docksey – Honorary Director-General, European Data Protection Supervisor
• Claudia Monti – Luxembourg Ombudsman
• Marcos Moschovidis – Editor-in-chief of EU FOR YOU

List of the category winners

Winner in citizen-oriented delivery category

Helping civil society document core international crimes - Eurojust and the Office of the Prosecutor for the International Criminal Court

Winner in communications category

Showing EU solidarity with Ukraine - DG COMM, European Commission

Winner in diversity and inclusion category

Positive Action Programme for trainees with a disability - Council of the European Union

Winner in innovation category

EU Digital COVID Certificate - DGs JUST, CNECT, SANTE, European Commission

Winner in open administration category

Kohesio: Discover EU projects in your region - DG REGIO, European Commission

Special Award

Working with children to produce a new EU strategy on the rights of the child - DG JUST, European Commission

Most popular with the public

Protecting EU recovery funds from organised crime and fraudsters - Europol in cooperation with Polizia di Stato (Italy)

Short-listed projects in each category

Citizen-oriented delivery

• Promoting civic monitoring for EU environmental enforcement - Joint Research Centre, European Commission
• Fighting wildfires in Europe - DG ECHO, European Commission
• Helping civil society document core international crimes - Eurojust and the Office of the Prosecutor for the International Criminal Court
• Online platform for the Conference on the Future of Europe - DG COMM, European Commission

Communications

• Showing EU solidarity with Ukraine - DG COMM, European Commission
• Helping EU citizens understand monetary policy in times of high inflation - European Central Bank
• Optimising hybrid communications in the European Parliament - European Parliament
• Virtual classroom visits to the Court of the Justice of the European Union - Court of Justice of the European Union

Diversity and inclusion

• DiscoverEU becomes more inclusive - DG EAC, European Commission
• Positive Action Programme for trainees with a disability - Council of the European Union
• Diversity and inclusion survey 2021 - European Commission and European External Action Service
• Helping staff with disabilities find accessible EU delegations - European External Action Service

Innovation

• Fostering privacy and data protection rights through alternative social media platforms - European Data Protection Supervisor
• EU Digital COVID Certificate - DGs JUST, CNECT, and SANTE, European Commission
• Reducing red tape in cross-border administrative procedures - DGs GROW and DIGIT, European Commission
• Improving treatment guidance and reducing mortality for people who use opioids - European Monitoring Centre for Drugs and Drug Addiction

Open administration

• Encouraging better project management in public administrations - DG DIGIT, European Commission
• Making sustainable products the norm - DGs ENV, GROW, and ENER, European Commission
• Kohesio: Discover EU projects in your region - DG REGIO, European Commission
• Sharing labs to drive excellence