The benefits affair is perhaps the best-known example of the government holding citizens in a stranglehold. Unfortunately, it is more common for people to get stuck in the official mill. Anna, Merin and Jolanda know all about it: “Rules seem more important than people.”
It is by no means an evil intent. Ministers, policy makers, civil servants, of course people who work in government want the best for citizens. But all kinds of rules and procedures to ensure that everything runs as efficiently as possible sometimes make it complicated. As a citizen you don’t want to have to fill out a pile of forms at different authorities, sometimes you just want to have a conversation. From person to person, with someone who gives advice and does not just forward you to another agency.
A citizen asks the government something and gets no answer: according to National Ombudsman Reinier van Zutphen, it is the number one priority when it comes to complaints about contact with government authorities. “Whether it concerns the application for a permit for a dormer window, a tool for your sick mother or a benefit, it often happens that people do not receive a decent explanation about how something works or where they can go. Many people feel that they are not being listened to. That too much procedure is followed and too little is sought for a solution.”
One counter at the government
The impotence and frustration that this causes does something to us. We have seen this in the allowance affair, in which people were severely punished if they had made a small mistake in the application for childcare allowance. Another example: the people of Groningen who suffered damage from earthquakes as a result of gas drilling. Research by Gronings Perspectief shows that they have less and less trust in the government. They experience ‘hassle’ and complicated rules in the reinforcement and damage repair procedures. Residents live in uncertainty for a long time, feel unheard and are given empty promises. In Groningen there is therefore a plea for one counter where all questions about earthquake damage can be asked and dealt with. The National Ombudsman is taking this further. He is in favor of one counter in every Dutch municipality where citizens can go with all questions related to the government. So that going from cupboard to wall is no longer possible. “You have to be able to walk into a town hall and say: ‘This is my problem, help me’”, says Van Zutphen. “Even when it comes to the national government. A place where you can ask a question and where there is human contact. Where you are helped and shown the way.”
To object:
that is how it works
Disagree with a decision on an application, such as a permit? Or with a request from someone else who has an influence on your situation, such as the proposed extension of the neighbors? Or are you experiencing adverse consequences of a government decision, for example to reduce benefits? Then it is possible to object. This must be done in writing, within six weeks after the decision has been made. Examples of letters of complaint and notices of objection can be found on the website of the National Ombudsman. If this does not help, the matter can be referred to the administrative court. This then assesses whether the government agency has acted correctly and in accordance with the law. A final option is the Council of State – the highest judicial body that can rule on a dispute between the citizen and the government.
government.nl† nationalombudsman.nl
How strict do you have to be?
Why is it that citizens feel trapped between government agencies? The so-called decentralization in 2015 will certainly contribute to this. Since then, municipalities have been responsible for youth care, work and income and care for the long-term sick and the elderly. Each municipality has its own approach, which makes it even more complicated. No standard national step-by-step plan to find your way as a citizen, because things are different in every region. The bureaucracy is out of control. In addition, according to Reinier van Zutphen, the government’s urge to control is too great. “Officials are afraid to make a mistake that may cost a lot of money and for which they will be criticized by their boss. Understandable, because there are citizens who abuse schemes. Alertness is good, but the urge to control has gone too far. Look at the entrepreneurs who applied for government support for the damage they sustained as a result of corona. Suddenly they have to supply all kinds of receipts and accountant’s statements. Anyone who does not meet the requirements will not be eligible for financial support with retroactive effect and will have to repay it. People sometimes stand behind the counter crying. Shops are closed in any shopping street. How strict do you have to be? A little less, as far as I’m concerned.”
The National Ombudsman believes that governments should be more aware of what they are doing to citizens. “It would be nice if they asked themselves more often what the intention is. What do you want to achieve with certain facilities? If someone comes to request debt counseling and he has the wrong papers, you do not reject the application, but you help. And if you can’t do that, you make sure that someone immediately ends up in the right place.”
To object
What can you do if contact with the government is not going well or if you do not agree with a decision? Then there is always the possibility to object (see box) or ask for help from another body (see box). Anyone who cannot resolve the matter can then go to the administrative court and then to the highest administrative court, the Council of State. But think before you start, because it is estimated that only twenty percent of the citizens who go this way are right. Eighty percent are left disappointed and frustrated.
Meena Kashyap is a lawyer and partner at De Koning Vergouwen Advocaten in Amsterdam. She assists citizens in their struggle with the government. “In a conflict with the government, as a citizen you are by definition already behind,” she says. “The entire legal process will cost you tens of thousands of euros, including a lawyer. If you don’t have a lawyer, you give up. I regularly see a municipality with three lawyers entering a courtroom. There you are as an ignorant citizen. In addition, the government has access to information and files that laymen cannot simply access. The government also has an unlimited budget.”
If the Council of State says that the government has failed, that does not automatically mean that you as a citizen are right. “The Council of State investigates too little whether something is fair or unfair, it often only checks whether procedures have been followed properly,” said Kashyap. “If that is not the case, the government can adjust things so that the rules are still complied with. I often see this in construction or zoning plans. This makes citizens despondent.”
The government is big and anonymous
Finding your way from instance to instance does a lot to people, Kashyap sees. “People are stressed, don’t sleep well, sometimes can’t do their job and can’t see a way out, it’s really hard. If you have a dispute with your neighbor about a fence, it is clear who you are dealing with and you have equal opportunities. In government, the other is often very abstract, a kind of anonymous, powerful giant. That is really complicated.”
There is hope, because Kashyap sees that administrative judges nowadays look more at the people behind a case and what government decisions mean to them. She suspects that this is due to the allowance affair. Kashyap hopes this marks a definitive turnaround. “As a citizen, you must be able to assume that the government takes a good look at you and your situation. And if that is not the case and you end up in court, then they have to take into account all the circumstances of a case – including the person behind it. If you are sure that you are being listened to, you no longer need an expensive lawyer. It would be even better if it was no longer necessary to go to court at all, but that the interests of the citizens always and everywhere count as those of the government. Until then, I will remain committed to citizens and their – as yet – unequal fight against the government.”
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National Ombudsman
Stands up for the interests of citizens by helping, mediating or investigating them. And helps governments to improve their services.
nationalombudsman.nl -
ConsuWiser
Practical advice for consumers.
consuwijzer.nl -
Legal Counter
Free personal legal advice.
legal counter.nl -
Complaints Institute Financial services
Complaints desk for people with a complaint about a financial product or service of a bank, insurer or other financial service provider.
kifid.nl -
Information point Digital Government (DIO) at libraries
For all questions about digital government, you can find it in every public library.
information pointdigitaleoverheid.nl -
debt relief buddy
Customized help with debts.
debthelpmaat.nl -
Humanity
National volunteer organization that helps people to change their situation on their own.
humanitas.nl -
Victim Support
Assistance after crimes, traffic accidents, disasters and calamities.
victimhelp.nl -
Disputes Committee
Help with complaints about a purchased product or service.
degeschillencommissie.nl -
RefugeesWork
Support for refugees and asylum seekers from the moment they are received in the Netherlands until they have found their way independently.
refugeework.nl