Severe criticism of the Education Committee in Motala Municipality for its protracted failure to forward an appeal to a higher instance, and for how it dealt with the Parliamentary Ombudsman’s review

Summary of the decision: A person appealed against a decision on preschool placement. Despite receiving the appeal by the deadline, the authority that issued the decision failed to forward the appeal to the higher instance. It was not until eight months after the appeal was submitted, and after the Parliamentary Ombudsmen had requested a statement on the matter on two occasions, that the appeal was forwarded.

The Chief Parliamentary Ombudsman notes that an authority that issues a decision has a legal duty to promptly forward any appeal to the higher instance if the appeal is not rejected on the grounds that it arrived after the deadline, and that the Parliamentary Ombudsmen have stated on multiple occasions that, as a matter of routine, appeals should be forwarded within one week of the appeal being submitted.

The Chief Parliamentary Ombudsman is highly critical of the protracted failure to forward the appeal. According to the Chief Parliamentary Ombudsman, the facts of the case show that the department lacks the ability to comply with the basic provisions of public law. The Chief Parliamentary Ombudsman is also of the opinion that the committee has not dealt with the Parliamentary Ombudsmen’s request for a statement with the necessary gravity and thoroughness. In summary, the committee is deserving of severe criticism.