Hazard notification
A hazard message is Switzerland one of a natural or legal person Letter filed to the relevant guardianship authority (from 2013: childhood and adult protection authority (KESB)) and allows for endangering persons to take action to help. A hazard exists when there is a possibility of impairment of a person concerned, for example a child.
It is not necessary that this impairment already exists, but it can also take place preventively to avoid an impairment. A hazard report is a drastic step and usually only takes place if voluntary efforts are unsuccessful. However, it is not a legal process, but can in certain circumstances be viewed as a service provided by the guardianship authorities.
Content of a hazard report
The list is to be seen as an example. In this regard, municipalities and school authorities sometimes offer appropriate forms.
Since schools often submit hazard reports, these are the most advanced in terms of templates, case studies and processes. The relevant guardianship authorities have only few or no relevant documents, although the relevant authorities are confronted with them in their daily work.
Personal details
- Surname, first name and address of the person concerned
- Address (es) of legal guardians
- Contact addresses. For example school, teacher, school committee ...
- For all persons and institutions, if it makes sense, indicate the availability.
- Surname, first name and address of the person or institution submitting the hazard application.
Information on the hazard
- Objective list of specific dangerous facts, events and observations.
- Information on the efforts that have been made so far to improve the situation.
- Suggested solutions and emotional aspects do not belong in a hazard report.
Submission of the hazard report
A hazard report is usually submitted to the authority at the place of residence of the person concerned.
This is usually done in writing. Verbal notification is possible in emergency situations. However, this verbal report is recorded in writing.
Processing of the hazard report
The procedure is to be seen as an example. They can vary from case to case. The type of procedure is recorded by the respective guardianship authorities in corresponding flow charts.
The local and technical responsibility is checked. If a procedure is already pending, this will be passed on to the appropriate body. For example, a juvenile court or the judge in an ongoing divorce proceeding. Otherwise the threat report remains with the guardianship authorities for processing.
The situation will be clarified by the competent authority. This work includes discussions with the people involved. In addition, expert opinions can be obtained from the relevant specialist departments (e.g. child and adolescent psychiatric service).
Clarifying a hazard report can take three to six months. Immediate measures are only possible if there is a massive risk.
Some common measures include a hazard for messages from the vicinity of schools against children and youth welfare advocate .
A complaint against the measures can be submitted to the governor's office. Depending on the case, however, the suspensive effect can be withdrawn in the event of a complaint regarding the measures.
Hazard reports can be withdrawn in the course of the procedure without any drastic consequences if the corresponding improvements have been achieved or if there is no prospect of success in the case of minor issues.
There is a right to inspect the files in the proceedings .
Individual evidence
- ↑ Source: Regional Working Group on Social Services Guardianship of the municipalities of Worb, Ittigen and Ostermundigen (Switzerland)
