Youth welfare scandal in Gelsenkirchen

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The youth welfare office scandal in Gelsenkirchen became known through the broadcast of a report in the television magazine Monitor on April 30, 2015. It was about conflicts of interest due to personal and business ties between the management of the youth welfare office of the city of Gelsenkirchen , the home management of a local youth welfare facility, the local association of the child protection association in Gelsenkirchen and other institutions, in particular a Hungarian company that offered and from German youth welfare agencies childcare places for young people in Hungary the heads of the youth welfare office in Gelsenkirchen had been set up themselves.

accusations

The long-time head of the Gelsenkirchen Youth Welfare Office, Alfons W., and his deputy Thomas F. were accused by Monitor of deliberately overcrowding the Catholic St. Josef Home in Gelsenkirchen with children and young people and of having several of other youth welfare offices in the Young people placed in a home were sent abroad to a facility in Pécs (Hungary) owned by Neustart Reszocializációs Kft . The two officials themselves were shareholders of Neustart. While the Gelsenkirchen children's home benefited from the above-average occupancy, Neustart received 5500 euros per month from the German state for each child accommodated. The young people sent to Hungary apparently were not adequately cared for, the accommodation situation and the pedagogical concept are said to have been inadequate and the staff was not sufficiently educated; school education was also not guaranteed. Affected young people interviewed by the broadcaster reported negative experiences in the Hungarian facility and complained about the lost time there.

In the period from 2005 to 2008, eight children from Gladbeck and one from Herne are said to have been accommodated at Neustart Kft in Pécs , but no child from Gelsenkirchen. All cases uncovered by Monitor, in which the Gelsenkirchen actors were involved, were already several years ago.

In 2004, the city of Gelsenkirchen allowed the head of the office to work as managing director and operator of the home in Hungary, and according to the monitor reports, he is said to have given his deputy the approval himself. After internal criticism, W. assured his supervisor that he would cease managing director activity on April 1, 2005 and that he would sell the company shares. Nevertheless, he still gave operational instructions afterwards, as it became known a few days after the scandal was discovered. Office manager W. transferred his shareholding to his wife, his deputy F. to a brother. The Hungarian limited liability company Neustart Reszocializációs Kft was registered in Pécs with a share capital of three million forints (around 12,200 euros when it was founded in January 2005) . In 2009 the facility was apparently sold by the operating company due to financial problems.

In addition, Thomas F. had ensured that the accounting of the Neustart company was carried out by the Gelsenkirchen local association of the German Child Protection Association, of which he was deputy chairman. The local association received 5 euros per day and young person. The contract was signed by another member of the board who was also an employee of the youth welfare office.

The head of the St. Josef Home in Gelsenkirchen, Anja G., is supposed to be in at least five cases in Gladbeck as part of support plan discussions , in which the responsible office, together with parents, educators and the young people concerned, will advise on solutions for difficult life situations , have recommended intensive pedagogical measures in Hungary. Research had also shown that in an information brochure from Neustart the St. Josef Home was named as a cooperation partner and the home manager as the contact person.

In the course of further research by the media and the city, it turned out that the youth welfare office manager W. together with his former deputy Hans-Jürgen M., who had worked in the office until 2004, had also been working at the Tekeres equestrian center in the Hungarian village since 1996/97 Orfű near Pécs. Since 1997, the Youth Welfare Office has held up to four holiday camps a year on this riding stables - partly in cooperation with the Child Protection Association , which together were financed annually with around 85,000 euros from municipal funds. According to the auditing company's test report, the owners of the facility included the former deputy youth welfare office manager from Gelsenkirchen and the former mayor of Pécs.

In the broadcasts of the WDR, reference was made to comparable cases from other cities. A case from Dorsten was made public: The eleven-year-old "Paul" was housed in Hungary in a facility of the Bochum company Life Jugendhilfe GmbH and lived there under pedagogically questionable care conditions. The boy was then brought back to Germany.

Reactions

The city of Gelsenkirchen responded with a statement that they wanted to enable an objective clarification. Alfons W. also commented: “In 2004, Mr. F. and I developed the idea of ​​developing an intensive educational concept with a high educational density. This should be abroad in order to enable young people to start over in a new setting. (...) At Neustart, we wanted to offer a highly qualified, full-time intensive educational measure. I am shocked that this is now being interpreted as cashing in. I didn't make any money with it, but rather will slide into the red because the property can only be sold at a significantly reduced purchase price or it seems almost unsaleable. "

Alfons W. and Thomas F. were greeted by Mayor Frank Baranowski (SPD) on May 1, 2015 released . A termination agreement was later concluded with the head of the office, and his deputy was given notice without notice. St. Augustinus Heime GmbH, the owner of the St.-Josef-Heim in Gelsenkirchen, released the manager Anja G. a few days after the scandal was discovered and terminated her employment without notice after the allegations concerning her had been confirmed.

As a result of the events, the mayor called a special meeting of the council for May 4, 2015. Already in the run-up to the meeting, the establishment of a municipal committee of inquiry had been requested. On May 21, 2015 the council formed a “Committee to Investigate Misconduct in the Context of Gelsenkirchen Youth Welfare”. There was massive misconduct. A formal committee of inquiry with the corresponding court-like competences could not be formed, however, since this parliamentary instrument does not exist at the municipal level in North Rhine-Westphalia. In May 2015, the city of Gelsenkirchen commissioned an independent auditing company to deal with the case. St. Augustinus Heime GmbH had an auditing institute conduct a special forensic investigation into the behavior of home workers and made the report available to the city of Gelsenkirchen. After the monitor was published, the Essen public prosecutor checked whether there was an initial suspicion of criminal offenses, and shortly afterwards began investigations in several cases, including the two accused Gelsenkirchen youth welfare authorities, Alfons W. and Thomas F. Also in the Gelsenkirchen incident In the independent “Paul” case, investigations were initiated against those responsible in the city of Dorsten and the owners of the Life Youth Welfare company , who were a Bochum SPD councilor and his wife.

The North Rhine-Westphalian Minister of Family Affairs, Ute Schäfer , called for greater control of children's and youth homes abroad. She submitted a corresponding application for the meeting of federal and state family ministers in the second half of May 2015 for debate. Changes in the law are necessary for this.

The television magazine Westpol surveyed all 187 youth welfare offices in North Rhine-Westphalia in May 2015 and received an answer from 70% of the offices surveyed. According to this, 247 children are accommodated in 22 countries worldwide. The state youth welfare office does not keep separate statistics on it.

Progress

The former deputy head of the youth welfare office, Thomas F., defended himself against his dismissal without notice before the labor court in Gelsenkirchen ; the city had more knowledge of what was going on than it claims today, he said. The home manager Anja G. also sued the Gelsenkirchen Labor Court against her dismissal and demanded severance pay.

In the negotiations of the investigative committee in the summer of 2015, the suspected network of corruption was confirmed: the auditor's report revealed the triangular relationship between the former youth welfare office managers, the St. Josef children's home and the child protection association. However, the auditors were also certain that the city of Gelsenkirchen had not suffered any financial damage as a result of the youth welfare office scandal and the holiday camps in Hungary. Meanwhile, the public prosecutor's investigations into the accused continued.

The lasting deterioration in the relationship between the city of Gelsenkirchen and the church sponsor of the facility affected by the scandal, which originally wanted to cooperate closely in clearing up the case, occurred in October 2015 after the publication of testimony and internal investigation results by the home sponsoring society. The SPD parliamentary group of the council called on the managing director of St. Augustinus Heime GmbH, Peter W., to resign after his questioning in the investigative committee, because he admittedly knew for a long time about the overcrowding of the facility and the director of the home in her measures to cover up the grievances have supported. The managing director stated, however, that he had not seen through the implications and had no idea of ​​the illegality of the “business model” that the youth welfare officers had actively imposed on the home. The board of directors of the St. Augustinus Society described the SPD's demand as presumptuous. Since this rift, the sponsoring company no longer participated in the educational work of the municipal committee, but questioned its legality.

The labor court dispute between the provider and the former home manager, who was accused of other irregularities by her former employer in addition to participating in the youth welfare office manager's business, ended in a settlement in which both sides apparently had to make concessions. She lost her job after 19 years of employment.

In the course of further processing of the scandal, the Gelsenkirchen parliamentary group of the Bündnis 90 / Die Grünen party, after reviewing the files at the end of 2015, accused the city administration of the notorious overcrowding of the children's home by 2005 at the latest and was able to uncover the scandal. Instead, they knowingly accepted the endangerment of the child's welfare in the overcrowded home. In addition, the Greens demanded the publication of all relevant documents about the scandal. The city rejected both the allegations and the call for more publicity. The youth welfare office managers acted with criminal energy at the time and actively hushed up information so that the city could not be blamed. A publication is not possible for reasons of data protection, since the fate of the children concerned would become public.

In Gladbeck , the city's auditing office submitted a non-public audit report on the placement of the eight Gladbeck children affected in Hungary two months after the scandal was discovered and came to the conclusion that all applicable requirements had been complied with. The youth welfare office in Gladbeck did not participate in the investigation in the Gelsenkirchen investigation committee, despite the invitation. The youth welfare office in Herne, on the other hand, sent an employee who reported on the case of the young person from Herne to the members of the Gelsenkirchen council committee .

Even Oliver Wittke (CDU), who had been at the time of establishing the contacts in Hungary by the youth office coordinators and managers mayor of Gelsenkirchen (1999-2004), was questioned during the investigation committee, but could provide no new information.

The objections raised, among other things, by the home owner against the legality, composition and procedural rules of the investigative committee set up by the city were examined by the Münster district government and rejected in March 2016. The supervisory authority thus confirmed that the council committee is legally performing the tasks assigned to it within the framework of the municipal code for the state of North Rhine-Westphalia .

Final report from the city of Gelsenkirchen

In July 2016, the Gelsenkirchen administration published the final report of the committee set up in the city council to investigate the affair. In it, the known extent of the scandal is essentially confirmed and the course of events is recorded as follows (p. 11): The children's home St. Josef had been overcrowded for years with the knowledge of the sponsoring company. For the city employees, however, the overcrowding was not recognizable, since the home is occupied by various youth welfare offices. "Systematic overcrowding" was mentioned for the first time in a letter from the state youth welfare office to the institution responsible for the facility in August 2013, and the latter was also able to explain the situation satisfactorily, so that the city authorities did not suspect it. A total of nine children from the home were accommodated in the facility of the Neustart company in Hungary; the youth welfare offices in question give their care a positive rating. Children from Gelsenkirchen were not among them. The payments between the foreign youth welfare offices and the Neustart company were processed by the Gelsenkirchen child protection association. An agreement between the Gelsenkirchen youth welfare office, the St. Josef children's home and the Neustart company, as claimed in the ARD broadcast in April 2015, could not be proven, but it appears to be "highly likely" based on the evidence available.

The report also states that beyond the known extent “no further links could be found within the framework of the committee work” (p. 12). As for the misconduct of the youth welfare office manager, he concealed the content of the intended secondary activity in advance when registering and did not inform that he was already doing this at the time of the application. He suggested that he only wanted to work conceptually on intensive educational measures in Hungary. It was only when his deputy applied for an identical secondary employment permit that the personnel administration made further inquiries and found out that there was a collision with professional interests, which led to the well-known request to end the job (p. 14). With regard to the termination of employment, the committee stated that the youth welfare office manager W. was not in a better position as a result of the termination agreement than would have been the case with an extraordinary dismissal. The labor court dispute with the former deputy chief officer F. was pending in the second instance before the Hamm regional labor court and had not yet been concluded at the time of the report (p. 15).

Finally, the committee also examined the activities of the former youth welfare office management in connection with the Hungarian horse farm in Orfű near Pécs and other activities of the youth welfare office in Gelsenkirchen in Hungary. Vacation measures that were still planned were stopped after the scandal became known (p. 21).

The city administration has drawn conclusions from the case, which are also presented in the report: Secondary activities of employees have to be approved more laboriously and activities of city bodies are more strictly controlled. In addition, the city of Gelsenkirchen is planning an ombudsman against corruption, where employees can give anonymous tips if they notice suspicious activities.

Criticism of the work-up

Following the publication of the final report, the group of the Greens accused the SPD majority group of a lack of neutrality. She single-handedly pushed through the report and the subsequent resolution of the Council's resolution of the committee of inquiry and ignored criticism from other parties. The Greens demanded the full publication of all statements on the, in their opinion, "meaningless" final report that the administration had drawn up. The 26-page special vote of the Bündnis 90 / Die Grünen parliamentary group was published on the party's homepage. It raises the suspicion of far more extensive interdependencies between actors from the Gelsenkirchen administration, the local organizations of the Kinderschutzbund and AWO and those responsible for children's homes, and calls into question the "single perpetrator theory" (p. 25) of the majority of the committee, who put the former youth welfare office heads as solely responsible and did not take note that other employees of the city and the participating institutions and associations knew or had to know about the Hungarian activities that had grown and maintained over many years and the structural overcrowding of the home and that some of them also benefited or participated in them. The local CDU also refused to dissolve the investigative committee and accused the SPD-led city government of "wanting to clear the issue, although many questions are unanswered." In their own report, the CDU councilors come to the conclusion that one is not really smarter than before.

Similarly critical - e.g. Sometimes in even stricter formulations - expressed the representatives of other parties represented in the city council ( Die Linke , Pro Deutschland , Wahlinitiative NRW (WIN) and AUF Gelsenkirchen ).

Critics also criticized the fact that internal information from the administration was not made available to the committee or was made available too late and that the committee minority was not allowed, as is usually the case in investigative committees, to initiate questioning of witnesses and administrative employees even against the will of the committee majority. In this context, the Gelsenkirchen Greens called on the state of North Rhine-Westphalia to create instruments "to enable municipal investigative committees to have the same rights as those that apply to investigative committees of the state parliament and the Bundestag" (p. 25 of the special vote).

According to the final report of the investigative committee, the revised compliance regulations for the entire city administration and the changed procedures for vacation measures and educational assistance are rated by the Greens as “first steps in the right direction” (p. 24), while the other critics are in their im Do not comment positively on the comments published in the annex. The result of the committee work was rated as satisfactory by the SPD parliamentary group, which had an absolute majority in the investigative committee: “Everything that had to be done in the committee within the framework of the municipal code of North Rhine-Westphalia has been discussed and assessed.” The SPD mainly criticized the unwillingness to cooperate of the children's home provider in the educational work that contradicts the originally given assurances, as well as the often inefficient handling of home supervision by the Landschaftsverband Westfalen-Lippe (LWL) in the past .

Further developments

The accused former deputy youth welfare office manager Thomas F. was successful with the lawsuit against his dismissal before the labor court in both instances and was continued to be employed by the city. The mere suspicion of an amalgamation of professional and private interests was not a sufficient reason for the termination. He returned to work in August 2016, but not in administration, but with a municipal company.

In November 2016, the management of the youth welfare office in Gelsenkirchen was finally filled. The previous acting head, who took over the education and training unit after the scandal became known in 2015 and who has been in charge since then, has been appointed as the regular head of the unit.

In January 2017, it became known that the public prosecutor's investigations into the former management of the agency have since been discontinued. The irregularities accepted by the committee of inquiry thus had no criminal consequences.

Even in the parallel case of Life Youth Welfare from Bochum, which was independent of Gelsenkirchen , the political and legal reappraisal was tough. There, in August 2015, the case of another young person caused a sensation who, at the instigation of the Bochum Youth Welfare Office , had been accommodated by the same company in Turkey and, according to his own account, had not been adequately cared for. It had already become known that the Herne youth welfare office, which was also involved in the Gelsenkirchen processes, also had children looked after by the Bochum company Life . A case from the Rhein-Sieg district in which a 13-year-old was housed in Kyrgyzstan had also become public . As early as 2003, the case of a young person who was housed by the Life company in Chile and allegedly "forced to work" was discussed in the TAZ , whose accommodation and care conditions had been objected to by the Chilean youth authority SENAME, which led to diplomatic entanglements between Chile and Germany would have. Also connected with the Life scandal was the case of "Andreas", who was housed in Kazakhstan in 1997 , about whom the SPD councilor and life manager in Bochum was heard on September 24, 2015 before the Committee on Children, Youth and Family of the Landtag of North Rhine-Westphalia was supposed to come, to which it did not appear due to an illness and instead submitted a written statement. In February 2016, the Bochum council group of the CDU filed a criminal complaint with the Bochum public prosecutor's office for fraud and neglect of the duty of care against the responsible youth welfare operator after the city of Bochum stopped working with the company but did not take any legal steps. In Dorsten, where the CDU provides the city tour, the SPD parliamentary group in the opposition criticized the administration's presentation of the case of "Paul" presented in the monitor report. According to Life's own account , the company fully cooperated with the city of Dorsten in the investigation, which the city confirmed, and the allegations from the television report were able to be refuted. The investigations by the Essen public prosecutor's office against the management of the Dorsten youth welfare office were discontinued on February 23, 2016.

See also

literature

Web links

Individual evidence

  1. Monitor broadcast of April 30, 2015 ( memento of May 24, 2015 in the Internet Archive ) in the ARD media library (accessed on February 23, 2016).
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  4. a b c Accusation against the head of the German youth welfare office: children in the home to checkout sent to Hungary? Report in Pester Lloyd of May 3, 2015, accessed on February 23, 2016.
  5. a b c Ingrid Wielens: ( Page no longer available , search in web archives: Children in Hungary: St.-Josef-Heimleiterin released ) , report in the Ruhrnachrichten from May 7, 2015, accessed on February 23, 2016.@1@ 2Template: Toter Link / www.ruhrnachrichten.de
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