In Andalusia there are more than 60,000 people who have to wait 605 days to be attended to by the Andalusian Personal Autonomy and Dependency Care System. The legal term is 180 days (6 months)something that President Juan Manuel Moreno Bonilla committed to at the beginning of the year when he boasted that he would make Andalusia the autonomous community “with the least bureaucracy” in all of Spain. Every day in this region 33 people die waiting for a resolution to their requests for help from the dependency. Until now, the poor management was paid for by the dependents with their lives. Now it will also cost the Andalusian Government.
There is not enough money to compensate for the death of a loved one, to get rid of the anger, indignation and sorrow of knowing, in addition, that in their last period they could have enjoyed a better quality of life. What the Contentious Administrative Court 2 of Granada has ruled is not a question of compensation, but of justice, of Do not allow those who do not know how or do not want to provide public services as required by law to get away with it.
This court has just sentenced the Andalusian Government to compensate the family of an elderly woman who It took 32 months to grant aid to the agency. Compared to the 6 maximum waiting period contemplated by law, the Board was delayed 26 months. The old woman’s daughters then initiated a procedure demanding compensation, given that help had been requested so that one of them could take care of her mother. Despite admitting to having exceeded the legal deadline by almost 800 days, the Moreno Bonilla government rejected any compensation.
The daughters appealed, the process was prolonged and, during it, the old woman died. It is now that this ruling, against which there is no appeal, puts the Board in its place. It will not return the deceased nor will it serve to improve her quality of life or alleviate the effort of the caregivers but, even so, It is a victory in the defense of our rights. The systematic refusal by the Andalusian Government to assume responsibility for breaking the law has – or should – come to an end.
The ruling once again opens the door for all families who see how six months have already passed since they registered their request for dependency aid, not only in Andalusia, but throughout Spain, to claim their rights. Hopefully, unlike the case of Granada, they will obtain the well-deserved compensation before the dependent person dies. We cannot ignore that, according to the Association of Directors and Managers of Social Services, Andalusia is the third autonomous community that allocates the least money to dependencyonly behind Galicia and La Rioja, also governed by the Popular Party (PP).
Bad management must be paid for, even if it is only through administrative means and is paid for with everyone’s money. A different rooster would crow, perhaps, if it were possible to resort to other judicial channels or, at least, those who poorly manage public services would not shoot with the king’s gunpowder, as the popular saying goes. Already in 2021, another ruling from the Contentious-Administrative Court number 2 of Seville He condemned the Board to pay compensation for the same reason as now in Granada.
Then, the dependent woman died in 2019, more than three years after requesting help without the process being resolved. The judge, whose sentence was more than 18,700 euros, was blunt when she reproached the Junta de Andalucía for having denied such compensation to the family “means benefiting the Administration for its wrongdoingfor failing to comply with its obligation not to resolve the procedure within the deadline”.
These two rulings guarantee that the law is on our side and not the Board, which is the one who is failing to comply with the legal deadlines and, despite being aware of this, does not even consider offering compensation. Himself This year the Supreme Court has recognized the right of the heirs of deceased dependents without receiving the benefit to have their advanced expenses returned. And yes, guess what, that ruling of the Fourth Section of the Contentious-Administrative Chamber of the high court was motivated by another stellar performance by the Moreno Bonilla government, specifically in Dos Hermanas (Seville).
However, Although the law supports us, it is useless if we do not activate the administrative mechanisms. It is clear that if there is something in abundance in the Moreno Bonilla government, it is bad faith, since it is aware of its legal breaches, it is not because it is not proactive in compensation, but rather it systematically rejects it when it is required. It is the judicial resources that put the Board on the ropes. Tens of thousands of people already waiting for the resolution of their files three times more than what corresponds to them, there are many demands. Let’s activate them. It is our right. Perhaps in this way the Andalusian Government will comply with the law once and for all.
#Bad #management #pays
