LDO concludes that the case can be treated as a complaint

Processing of the case

- The Ombud decides whether it can deal with the complaint.
- Sometimes it is necessary to ask for more information.
- The Ombud shall always hear both sides in a complaints case.
- If the case can be treated by the Ombud, first we will contact the party about whom you have made the complaint. We will attach your complaint and request that the other party states his or her opinion regarding the allegations in the complaint.
- All parties to the case case may then see what information and documentation the adversary produces and may express their opinion on this.
- When the Ombud has received enough information about the case, the Ombud makes a statement about the extent to which the Discrimination Act has been breached or not.
- In some cases, the Ombud rejects a complaint or dismisses it.
- If your complaint is not covered by the legislation enforced by the Ombud, the Ombud may issue advice and guidance.
 

Possibilities of taking the complaint further

All parties to complaints cases who are not satisfied with the Ombud’s statement can take the case further to the Equality and Anti-Discrimination Ombud’s Tribunal. The tribunal arrives at a decision that may only be overturned by the courts.

Sanctions

The Ombud does not usually have the authority to impose sanctions unless there is a need for an urgent resolution. The Equality and Anti-Discrimination Ombud’s Tribunal may demand rectification, cessation or impose daily penalties. People have learned from experience that it is not acceptable to be blamed for discrimination or to lose a case, and most will amend their behaviour after we issue our statements.
 

Compensation

You may claim compensation if you have been discriminated against. The Ombud does not have the authority to set compensation, but can recommend such a solution

If the party guilty of discrimination does not pay compensation voluntarily, you must go to court to claim this.

The Ombud’s confidentiality obligation

The Ombud is obliged to maintain confidentiality. The confidentiality clause applies to information you would normally keep to yourself. It could be information regarding health, a situation in the workplace or other circumstances that you do not want to disclose to others.

Obligation to inform

A person or a public or private organization have at the outset a duty to inform the Ombud. This obligation applies even if the party is bound by confidentiality.