Oversight Body for Social Services Claims (DK0069)

What is the social problem that the commitment will address?
The latest released overview of Denmark showed that the percentage of social sector municipal decisions that were overturned by the Dan-ish Appeals Agency is very high. The Special Allocations Fund Agree-ment for 2018 saw the launch of a number of initiatives towards im-proving the quality of case processing in the handicap sector, but there is still a need to increase social sector transparency to benefit municipalities and citizens.

What does the commitment entail?
It was agreed in the Special Allocations Fund Agreement for 2019-2022 that an independent rule of law unit would be set up that would be institutionally anchored in the Danish Appeals Agency. Its roles would include preparing descriptive analyses and surveys of municipal practices that affect citizens’ legal certainty. These analyses would be able to investigate issues such as case processing times and provide information about cases and compliance with administrative regula-tions, including regulations on justification, party consultation etc. in the social sector, which include handicaps, vulnerable children and adults. In association with the rule of law unit, an advisory body will be set up that is comprised of representatives from six to eight organisations within the social sector. These organisations could include the Danish Bar and Law Society, the Institute for Human Rights, Danish Disability Organisations and labour market parties. The task of the advisory body will be to point out themes and problem areas where the rule of law unit should prepare descriptive analyses and investigations.

How will the commitment contrib-ute towards solving the social problem?
The advisory body will disseminate the work of the rule of law unit and reports that the unit has produced to the minister and the Danish Par-liament’s Domestic and Social Affairs Committee, also making it ac-cessible to municipalities and citizens. In this way, the commitment will increase transparency in the social sector, for the benefit of both mu-nicipalities and citizens. The rule of law unit’s analyses and investigations will also be con-cluded with a summary report that the advisory body will send to the Minister of Social Affairs and the Danish Parliament’s Domestic and Social Affairs Committee. The Domestic and Social Affairs Committee will be updated once a year at a meeting with the Minister of Social Affairs about the previous year’s work and reporting by the rule of law unit. It will then be possi-ble to convene discussions in the political agreement group on an as-needed basis.

Why is this commitment relevant to OGP values?
The commitment will help citizens and municipalities to gain insight about municipal social sector practices, thus improving transparency. The commitment will make more information available about citizens’ legal certainty, assuring transparency and accessibility about infor-mation in the quality of social sector case processing. The commit-ment thus aims to contribute towards increasing trust in social sector case processing.

Additional information
DKK 12 million has been allocated for the period 2019-2022. Link to the 2019-2022 Special Allocations Fund Agreement: https://so-cialministeriet.dk/media/19322/aftale_om_udmoentning_af_sat-spuljen_for_2019-2022_t.pdf Link to the 2018-2021 Special Allocations Fund Agreement, which in-cludes an action plan involving initiatives towards improving legal cer-tainty for citizens with disabilities, including Danish map overview of statistics for reversals by the Danish Appeals Agency of municipal de-cisions in the social sector (see maps of Denmark using the following links): https://socialministeriet.dk/media/19057/aftale-om-udmoent-ning-af-satspuljen-for-2018-2021.pdf - 2018 general map of the Danish social sector: https://socialminister-iet.dk/danmarkskort/2019/mar/omgoerelsesprocenter-paa-socialom-raadet-2018/ - 2018 map of the Danish child disability sector: https://socialminister-iet.dk/danmarkskort/2019/mar/omgoerelsesprocenter-paa-boernehandicapomraadet-2018/ - 2018 map of the Danish adult disability sector: https://socialminister-iet.dk/danmarkskort/2019/mar/omgoerelsesprocenter-paa-voksen-handicapomraadet-2018/

6. Independent rule of law assurance unit within the Danish Appeals Agency

Main Objective

"It was agreed in the Special Allocations Fund Agreement for 2019- 2022 that an independent rule of law unit would be set up that would be institutionally anchored in the Danish Appeals Agency. Its roles would include preparing descriptive analyses and surveys of municipal practices that affect citizens' legal certainty. These analyses would be able to investigate issues such as case processing times and provide information about cases and compliance with administrative regulations, including regulations on justification, party consultation etc. in the social sector, which include handicaps, vulnerable children and adults. In association with the rule of law unit, an advisory body will be set up that is comprised of representatives from six to eight organisations within the social sector. These organisations could include the Danish Bar and Law Society, the Institute for Human Rights, Danish Disability Organisations and labour market parties. The task of the advisory body will be to point out themes and problem areas where the rule of law unit should prepare descriptive analyses and investigations." [21]

Milestones

• Work commences in the unit
• The Minister of Social Affairs will inform the Domestic and Social Affairs Committee about the previous year's work and reporting by the rule of law unit. (2020)
• The Minister of Social Affairs will inform the Domestic and Social Affairs Committee about the previous year's work and reporting by the rule of law unit. (2021)
• The Minister of Social Affairs will inform the Domestic and Social Affairs Committee about the previous year's work and reporting by the rule of law unit. (2022)
• The rule of law unit's reports will be compiled in a final report about rule of law in the social sector, which will be sent to the Minister of Social Affairs and the Domestic and Social Affairs Committee.

Editorial Note: For the complete text of this commitment, please see Denmark's action plan at https://digst.dk/media/21659/ogp-nap-2019-2021-english.pdf, pp 21-22.

Commitment Analysis

This commitment seeks to increase the transparency of case handling in the Danish social services sector by establishing an independent rule of law unit within the Danish Appeals Agency. Through this commitment, the Danish Ministry of Social Affairs and the Interior expects to raise the quality of case processing for socially vulnerable groups through ongoing analysis and reporting which will be carried forward to political discussions. The commitment is relevant to the OGP value of access to information, as it could provide the public with better insight into institutional practices and procedures pertaining to socially vulnerable groups. Furthermore, the commitment mentions that the establishment of a rule of law unit and accompanied advisory board will include NGOs such as the Danish Bar and Law Society, the Institute for Human Rights, and disability and labour organisations. Thus the commitment is also relevant to the OGP value of civic participation by including non-governmental representatives in the early stages of the decision-making process.

Currently, Danish citizens can submit complaints to the Danish Appeal Agency if they are dissatisfied with municipal decisions in individual social cases. A social case usually refers to an instance where vulnerable groups apply for financial or non-financial support. The latest data indicate that as many as 41 percent of total cases in the social sector reviewed by the Danish Appeals Agency were overturned in 2019. [22] Overturns refer to instances where the Danish Appeals Agency oblige a municipality to change its decision or remission whereby the municipality will have to reassess its initial decision. Cases are usually overturned by the Appeals Agency if they lack information or are in direct violation of the laws and administrative guidelines. Importantly, overturns can have serious implications for families and individuals who must endure prolonged case processing and financial insecurity. [23] Several studies have also underscored the negative effects on citizens' trust in social institutions' ability to process cases correctly, and further research is currently being undertaken by the Danish Disability Counsel. [24]

With the establishment of a rule of law unit, overturns could be significantly reduced through more systematic analysis of overturns and better understanding of wrongful denials by municipalities in social case processing. The commitment could also generate policy changes in the social sector and procedures of case handling, depending on the findings and compliance with recommendations put forward by the rule of law unit. [25] However, the concluding observations of the rule of law unit will not be presented until late 2022. This makes any changes to practice difficult to assess within the action plan's 2019-2021 cycle.