Parents in Dutch child benefits affair penalised again by Tax Office’s lack of transparency
In the media image: BBC creative on Unsplash
The Dutch Tax Office still refuses to release crucial documents to victims of the child benefits scandal, which critics say violates the law and hinders redress. In the media Ymre Schuurmans, Professor of Constitutional and Administrative Law, calls this practice 'shocking'.
For years, the Allowances Department of the Dutch Tax Office has deliberately withheld documents that explain why parents were labelled with 'wilful misconduct/gross negligence', crucial for lawsuits and compensation claims. Due to this lack of transparency, lawyers struggle to assist victims effectively and the court cannot consider all the facts.
Schuurmans criticises this state of affairs: 'I don't know of any other example of a government body that withholds documents so structurally.' As a citizen, you must be able to challenge a government decision. Without access to the underlying documents, you cannot show the court why you think a decision is incorrect: ‘It's unlawful to withhold these documents.’
The Dutch Ministry of Finance states that the 'commitment has always been to comply with legal obligations', but lawyers say that the practice still does not meet the requirements.