OMBUDSWOMAN BRINEK INQUIRES

TV programme 'Bürgeranwalt' (Citizens' Attorney) of 9 July 2011

Ombudswoman Brinek reports on progress and success in paying for water damage and in compensation for burial in a pauper's grave. Further cases concern the payment modes for the housing benefit, a conflict over a sewer connection and a landslide causing severe damage.

Garage flooded

In the case of the damage caused by flooding of a garage in a municipal tenement in Vienna, agreement was reached. To recall: the cars parked there were completely wrecked. Wiener Wohnen did not investigate the causes and spoke about 'force majeure'. In the meantime, an expertise has been made and backflow flaps have been installed. 20% of the damage caused has been paid for and the party concerned has received money from the disaster protection fund.

Connection to public drain refused

In the case of the Salzburg couple that has been seeking a drain connection for four years, the community has finally issued the relevant official document. The neighbour concerned has made an appeal. The appeals procedure should be settled within the next few days.

Damage caused by landslide

In 2007, the programme 'Bürgeranwalt' already reported about a landslide in Windischgarsten. It caused enormous damage to the house situated above. The owner of the house concerned saw the cause in the incorrect opening of an excavation trench at the bottom end of the slope. The criticism by the ombudsman office concerning the inadequate proceedings for the building permit has since been confirmed. To stabilise the slope, the community had a drainage project elaborated by experts that has since been implemented. Whether this measure is meaningful can only be established after a lengthy period of observation.

Payment modes for the housing benefit unacceptable in the Burgenland

In the case of the woman from the Burgenland who complained about the payment modes of the housing benefit there is good news. The Province of Burgenland agreed that the housing benefit no longer be transferred every three months in retrospect, but every month.

Burial in a pauper's grave

In the case of the claimant whose father was buried in a pauper's grave without his knowledge, compensation could also be obtained. Thus, the deceased could be buried in the family grave without additional costs accruing. In this context, Ombudswoman Brinek stresses once more that the ombudsman office proceeds from the assumption that it is the responsibility of the public prosecutor's office to inform relatives once the post mortem has been carried out. The Federal Ministry of Justice states that in the future the doctor performing the post mortem will be requested to inform the relatives about the release of the body.