"Time-out shared accommodation" – Ombudsperson Achitz calls for a clear legal framework and opposes the age of criminal responsibility for twelve-year-olds

“The Nursing and Residential Homes Residence Act (Heimaufenthaltsgesetz) is not a suitable legal basis for these circumstances. ‘The problem should be resolved,’ said Ombudsperson Bernhard Achitz. The Ministry of Justice has been working for more than a year on a legal basis for the creation of “specialised socio-pedagogical shared accommodation schemes for child and youth welfare services”, as envisaged in the Governmental Programme.

In any case, ‘time-out’ shared accommodation is better than a lower age of criminal responsibility

“I am in favour of using educational measures to deter adolescents from becoming delinquent. Under no circumstances should the focus be on punishment,” said Achitz. The ‘time-out’ shared accommodation follows an educational approach – albeit one in need of improvement – which is not the case in correctional institutions. Particularly when one considers the conditions in correctional institutions – which are constantly criticised by Ombudsperson Gaby Schwarz – where placement for adolescents that complies with human rights standards is not guaranteed, models such as ‘Auszeit’-Shared accommodation as a last resort and a temporary measure is certainly the better option than lowering the age of criminal responsibility – from both a social and a financial perspective.

In addition, preventive approaches are needed and, where detention is unavoidable, improved arrangements during detention. It is particularly important that these also provide for follow-up care.