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on which the decision or action was based should be altered; a law on
which a decision or action was based should be reconsidered; reasons
should have been given for a decision; or where any other steps should
have been taken.
An example of a recommendation proposing administrative reform
features in the Belgian Federal Ombudsman’s Annual Report for 2017. In
this case, the Ombudsman identified problems in the administration of a
supplementary benefit allowance for disabled people, who were
experiencing delays of several months after their cases had been
medically reviewed, with no entitlement to arrears or interests.
Consequently, the Ombudsman recommended to Parliament that the
regulations should be amended to ensure payment of the supplementary
allowance immediately after a medical review.
An illustration of a recommendation proposing legislative reform is
highlighted in the Czech Republic’s Public Defender of Rights’ 2017
Annual Report. Vulnerable social services’ users had not been sufficiently
protected from malnourishment and neglectful care and their complaints
had been ignored. Consequently, the Public Defender of Rights
recommended an amendment to social services legislation in order to
introduce a penalty for unauthorised interference with the privacy, safety
and integrity of those receiving social services.
The Ukrainian Ombudsman’s Office has instituted, in coordination with
the Council of Europe, an assessment methodology to follow-up the
implementation of recommendations from the National Preventive
Mechanism operating under its authority. This has led to an increased
capacity for the Ombudsman to carry out 57 follow-up monitoring visits
conducted to psychiatric and social care institutions.
Although Ombudsman institutions generally make non-binding
recommendations, they usually have powers that are designed to
pressure State bodies into accepting and implementing them. In Greece,
where an authority refuses to accept a recommendation by the
Ombudsman, he or she has the right to make this refusal public. In the
United Kingdom, the Ombudsman’s legislation provides that, where a
public body fails to respond to recommendations by the Ombudsman, a
special report may be made to the Parliament.
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