The Odense Court has ruled that Kerteminde Municipality must repay nearly 250,000 Danish kroner to the family of an elderly woman who was deceived by a municipal home care worker with a criminal record. The decision holds the municipality responsible for its employee’s fraudulent actions.
Municipality Held Responsible for Fraud by Employee
Kerteminde Municipality has been ordered to compensate the family of Bente Bach, an elderly woman who lost 249,175 kroner after being tricked by a municipal home care worker. The Odense Court decided that the municipality bears legal responsibility for what happened because the fraud was committed by one of its employees. The ruling also requires the municipality to cover court costs and pay interest dating back to March 13.
Bach’s family filed a lawsuit earlier this year after learning that the worker convicted of scamming their late mother could not repay the stolen funds. They argued that the municipality, which had hired the man despite his criminal history, should be held accountable.
Fraud Committed While Working for the Municipality
The case revealed that the home care worker visited Bente and Hervig Bach repeatedly during his employment with the municipality. During this time, he offered to help them manage digital access using MitID, Denmark’s national digital identification system. While doing so, he withdrew money from their account approximately 110 times before taking the last of their funds just two days before Hervig Bach’s death in 2023.
The fraud was later uncovered, and the man was convicted. It was only during the trial that the Bach family discovered he had been hired by Kerteminde Municipality even though he already had two previous convictions, including a 2014 theft case that the municipality allegedly knew about at the time of hiring.
Old Danish Law Still Enforced
The Odense Court found Kerteminde Municipality liable under **Danske Lov 3-19-2**, a legal code dating back to 1683, often considered Denmark’s first comprehensive national law. Surprisingly, despite its age, it remains an active foundation for various aspects of Danish law, including employer liability. Under this principle, an employer can be held responsible when an employee causes harm while performing their duties.
According to Danish legal experts, this provision continues to guide decisions in modern cases of workplace misconduct. It ensures that institutions like municipalities remain responsible for the individuals they hire and the trust placed in them by citizens.
Reactions and Consequences
The judgment came as a relief for the Bach family, who had endured lengthy legal proceedings and emotional stress. While the outcome surprised them, they expressed relief that the court recognized the municipality’s failure in oversight. The family hopes the ruling sends a broader message about municipal accountability, especially when employees are in contact with vulnerable citizens.
Kerteminde’s welfare director responded in a written statement expressing deep regret over the incident. She emphasized that the municipality takes the court’s decision seriously and acknowledged that an employee had exploited the trust of elderly residents. The municipality is still reviewing the ruling and has not yet decided whether to appeal.
This case highlights the delicate balance municipal employers must strike when offering second chances to individuals with criminal records. While rehabilitation and inclusion remain important social goals in Denmark, authorities also face the moral and legal obligation to protect citizens who depend on public services.
Trust in Public Institutions
The scandal has reignited discussions within Danish society about the importance of ethical hiring practices and background checks in public care services. It also raises questions about how municipalities handle oversight and monitoring of employees working with at-risk groups.
In many ways, the case mirrors the principles seen in other fields of Danish society, such as the care and social responsibility often reflected in Danish design and architecture exemplified by Lene Tranberg. Like in those disciplines, trust, integrity, and accountability form the foundation of how Danish institutions serve their citizens.
Without a doubt, this ruling may influence how municipalities across Denmark handle employment screenings and internal protocols in the future. It underscores that even centuries-old laws can define justice today, ensuring accountability when trust is broken within a public institution.
Sources and References
The Danish Dream: Lene Tranberg – Female Danish Architect
The Danish Dream: Best Lawyer in Denmark for Foreigners
TV2: Hjemmehjælper svindlede borger for en kvart million kroner – nu er kommunen dømt i sagen
