Lawsuit Against State Over Closure of Youth Care Homes Dismissed
September 2021
Nearly a decade after the closure of two girls’ homes operated by the Friesenhof youth care facility in Dithmarschen, Germany, the state court has dismissed a damages claim filed by the home’s operator. The plaintiff, now 79 years old, had sought a total of 1.95 million euros in compensation, according to a court spokesperson. The ruling is currently not legally binding, and the plaintiff has a month to appeal.
Background of the Closure
In June 2015, the state youth welfare office revoked the operating license for the "Nanna" and "Campina" girls’ homes. The revocation followed controversial discussions about the Friesenhof’s educational philosophy and the conditions in the affected facilities. Within a few weeks of the closure of the two units, the Friesenhof filed for insolvency.
A state parliamentary inquiry committee investigated the Friesenhof for a year and a half. The majority of the committee found that there was no general child endangerment at the facility. They also ruled out any misconduct on the part of the child welfare authority.
Administrative Court Ruling
In December 2019, the administrative court in Schleswig ruled that the closure of the two girls’ homes in June 2015 was unlawful. The court determined that the reasons for revoking the operating license were insufficient.
State Appeal
Following the ruling, the Ministry of Social Affairs filed an application for leave to appeal to the higher administrative court. The application was denied in 2021, paving the way for a civil lawsuit. The lawsuit was filed in September 2021, according to the court spokesperson.
Court Dismissal
The state court dismissed the lawsuit, rejecting the plaintiff’s claim for compensation. The reasons for the dismissal are not yet available in the court’s published rulings. However, the plaintiff has the option to appeal the decision within a month.
Potential Legal Actions
If the plaintiff appeals the ruling, the case will move to the higher regional court. The outcome of an appeal could take several years.
Additionally, the state may still pursue legal action against the plaintiff, arguing that the revocation of the operating license was justified and that the plaintiff is liable for damages.
Impact on Youth Welfare
The case has implications for youth welfare in Germany. It highlights the importance of balancing the protection of children with the rights of youth care providers. The outcome of the case could influence future decisions regarding the operation and regulation of youth care facilities.
