Thursday, 2 February 2012
The Protector of Citizens established that the Republic Fund for Pension and Disability Insurance, Branch in Bor grossly violated the rules of administrative procedure and thereby violated the citizen/complainant’s right to good administration, efficient procedure of authorities, a decision based on law and a legal remedy.
The Protector of Citizens has concluded that the error of the Republic Fund for Pension and Disability Insurance, Branch in Bor consisted of its failure to send the necessary findings, assessment and opinion of a medical doctor, an expert witness, to the Social Care Centre in Nеgоtin, as an authority competent to decide upon the submitted request for the recognition of the right to increased allowance for assistance and care of another person. Instead, the Branch sent a notification to the citizen/complainant stating that she was not fulfilling the requirements for the recognition of the right to increased allowance for assistance and care of another person, by which it deprived the complainant, inter alia, of the right to legal remedy.
The Protector of Citizens ordered to the Branch in Bor, in this particular case, to send immediately the necessary findings, assessment and opinion to the Social Care Centre in Nеgоtin and also to send to the citizen/complainant a written apology. It was recommended to the Branch management to undertake all organisational and other measures in order to ensure correct and lawful actions in the best interest of service users, and to inform all employees who conduct administrative procedures about the recommendation given by the Protector of Citizens.
The Branch in Bor is obliged to inform the Protector of Citizens within 30 days on its actions and to provide evidence on sending the expert’s opinion to the Social Care Centre in Nеgоtin and an apology to the complainant.