Ombuds offices in child and youth services

In the context of child and youth services, the ombuds office provides impartial information, advice and mediation in conflicts with public-sector or non-statutory providers of child and youth services.

Its activities serve to redress the balance of power in the highly asymmetric structure of child and youth services, especially in scenarios of conflict.

Crucially, the ombuds office is independent and is not accountable to another authority.

To date, ombuds offices in the context of socio-educational support services have largely developed at federal state (Länder) level. In 2021 they were enshrined in Article 9a of Book 8 of the Social Code.

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Children, adolescents and parents can turn to the ombuds office for impartial information, advice and mediation in conflicts with public-sector or non-statutory providers of child and youth services. The ombuds office serves to redress the balance of power in the highly asymmetric structure of child and youth services, especially in scenarios of conflict. Its activities include providing impartial advice to the structurally weaker party and, if necessary, helping to resolve conflicts with public-sector and/or non-statutory providers of youth services. Alongside one-to-one counselling, the ombuds office also advises on (departmental) political lobbying for greater needs-based and target group-oriented child and youth services and for social policy that creates positive living conditions for young people and their families (Article 1 [3], sentence 5 of Book 8 of the Social Code [SGB VIII]). Crucially, the ombuds office is independent and is not accountable to another authority.

Whilst the ombuds concept is a relatively recent development in child and youth services, it is rapidly gaining traction amongst youth work professionals. Having emerged within the context of socio-educational support services, the ombuds office plays a vital role in safeguarding the rights of young people and their families. It has become an increasingly important professional tool, even more so following reports by aggrieved parties concerning the unfair exercising of power to their detriment. Moreover, public debate in connection with the round tables on Home Education in the 1950s and 1960s (2010) and Child Sexual Abuse in Institutional and Familial Contexts (2011) significantly raised the political profile of this issue and ultimately led to the enactment of the 2012 German Federal Child Protection Act (Bundeskinderschutzgesetz/BKiSchG).

The ombuds offices have developed and expanded largely via initiatives at federal state (Länder) level.

The question remains open as to what can be done to ensure all support recipients and service beneficiaries have access to good-quality, nationwide ombuds support. There are indications that the federal states will at some point be bound by law to establish a needs-based network of ombuds offices within their geographical remit.

Also unclear is how the ombuds offices will develop going forward with respect to other services outside of socio-educational support.

In 2021 ombuds offices were enshrined in Article 9a of Book 8, which states that the federal states ensure that young people and their families can contact the ombuds office for advice and for mediation and resolution in conflicts in connection with the tasks of child and youth services pursuant to Article 2 and their performance by public-sector and non-statutory youth services. The ombuds offices established in accordance with the needs of young people and their families work independently and are not accountable to another authority. Articles 17 (1) to (2a) of Book 1 of the Social Code (SGB I) apply to advice provided by the ombuds offices as well to conflict mediation and resolution services. The specifics are regulated in the federal state laws.

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Child and Youth Services in Germany

Structures > Guiding principles and procedural principles

Ombuds offices in child and youth services

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Further reading