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Sea of errors in disability cases: Free of charge for the municipalities

time and Time again cleared the front with grotesque examples of at-risk and disabled which local authorities refuse to help.

Now, the figure shows that there are often errors in the procedure.

Ankestyrelsen sends about half of all complaints in the social sector back to the municipality with the message that their decision must be reassessed, amended or repealed.

- It seems that the local authorities ' respect for the to comply with the legislation in the social area is quite small, said John Klausen, professor of social welfare law at Aalborg University.

On the børnehandicapområdet be undone, for example, 51 percent of the cases that are being complained about, while the figure is 49 percent on voksenhandicapområdet.

- the Numbers are high, and the errors are serious. And there is good reason to believe that the error rate is just as high in the cases not being complained about, says professor John Klausen.

- It is the citizens who pay the price - not the municipalities, he says.
Christina Anderson and her son, according to the law requirements on help. Yet rejected the municipality several times. Photo: Anders Brohus
Harm: - Sylter case
It took Christina Hedegaard two years to get the help that she and her son are entitled.

I have spent countless much time on making a complaint, read the articles and wait for decisions, she says.

Her 13-year-old son suffering from multiple diagnoses - including the rare pica, which means he eats everything he can get near, when he becomes anxiety - for example, lead, paper, and wallpaper.

Christina had to in 2018 stop to work as a phlebotomist in order to fit the boy. She searched in the related lost earnings and to cover additional expenses for example medicines. But the municipality rejected her.

And they rejected her again in december 2019, when she applied for støttetimer to his son, who have it hard.
It has had major economic consequences for the family, that the municipality would not cover lost earnings. - We could nothing, and had barely enough to afford food, says Ms Hedegaard. Photo: Anders Brohus
Christina Hedegaard complained to the Ankestyrelsen over both rejections, and recently she got the answer. Both decisions changed.

According to the Ankestyrelsen, the family has requirements on both the lost income, cover additional expenses and support scheme.

- I am the harm that the municipality may hold back a case on the way, says Ms Hedegaard.

- Had I not complained, as had the municipality saved a lot of money, while we would be without the help we really need.
- Municipalities are earning money by wrong decisions

the processing Time at Ankestyrelsen is on average 18 weeks - about four months.

But before a citizen when there, he must first undergo a review by the municipality, and are often sent cases back and forth between the municipality and the Ankestyrelsen several times.

- the time has big consequences, says professor of social welfare law John Klausen.

Services which support and help can not be provided retroactively, and it really means that the citizens are losing the help they are entitled to, while the proceedings are on, he explains.

- today it's free for municipalities to commit errors. You can even be so serious to say that the municipalities are earning money by making wrong decisions, because the saving benefits in time, which goes with management of the case, says professor John Klausen.

He thinks, therefore, that it should have an economic impact for the municipality to make wrong decisions, if one is to address the problem.

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No toilet: - Inhumane
Also Henriette S have complained about a municipal decision.

She is brain damage and lamb in virtually the entire body. In november 2019 she told Extra Magazine, how the municipality had refused to give her a disabled toilet.

See also: brain damage of malpractice: Henriette may not have a disabled toilet

the Rejection meant that she had to attend in the living room in front of her husband and her children.
Henriette S can neither walk or talk. She can barely blink even. She understands, however, everything around them and can communicate via a computer. Photo: Tariq Mikkel Khan
today Ankestyrelsen overturned the municipality's decision. They have assessed that the municipality has not complied with the essential rules in the procedure, and the whole toilet-the case must therefore be assessed from the front.

- It is the blatant, to the 'normal procedure' was not followed in the first place. Unless the intention has just been to delay the proceedings(...), all the while Henriette is without a proper bath, toileting and training, writes the family on Ankestyrelsens decision.

- It that the case now has been running since October 2018, is both inexcusable and outright inhumane, writes the also.

the Local government Association write to Ekstra Bladet, that the errors are not happening 'vexatious'. However, admits that the long sagsbehandlinger goes beyond citizens ' retsikkerhed.
KL: will not be Resolved by penalty

the Extra Leaf has sent the expert's criticism to KL, which represents the country's municipalities.

'We do not solve it here with the punishment for the municipalities. It is extremely complicated rules, employees must navigate. It is not of bad will, there is an error,' they write in an email.

They admit, however, that the long lead times challenges the citizens ' retsikkerhed.

- the processing Time is too long. There is a need for a simplification of the rules and more resources to the Ankestyrelsen, so one should not wait so long for a decision. It is both bad for the citizens ' legal certainty and for the municipalities.

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