Child and youth welfare facilities 2.3.4 Measures that restrict freedom The NPM has been criticising the lack of legal protection for children and adolescents in homes and facilities for the care and education of minors from a human rights perspective since 2013 and has demanded formal improvements in the law. The legislators have now fulfilled these demands and extended the scope of application of the Nursing and Residential Homes Residence Act (Heimaufenthaltsgesetz) to such facilities. From 1 July 2018, measures that restrict freedom also have to be reported to the representatives of the residents in facilities in which at least three minors with physical or mental impairments can be cared for. Nursing and Residential Homes Residence Act applies to facilities for children as from 1 July 2018 The reason, the type, the start and the duration of the measures that restrict freedom as well as the examination of previously applied alternative measures must be documented in writing. In the same way, the reason, the type, the start and the duration of the restriction of a resident’s personal freedom applied with their respective consent must also be documented. Restrictions of freedom in socio-pedagogical facilities had to be documented in any case. To date, minors still repeatedly informed the commissions about restraints for which no record was found in the daily documentation. Lack of documentation It was also indisputable to date that restrictions of freedom may only be applied if they are appropriate for the situation and the educational objectives, and if no milder alternatives are available. The latter is not the case if, for example, a house door which is also a fire-resistant door is regularly locked to stop minors from running way, and access to the garden is always blocked due to staff shortages. What is particularly problematic here is that these measures usually also affect children in the shared accommodation who are not involved, meaning that their right to personal freedom is breached without due cause. There is no other option here than to apply more intensive pedagogical intervention and to find out why there is a tendency to run away (temporary 1:1 care). Milder alternatives have to be developed Minors reported of inadequate restraining techniques such as an adult sitting or kneeling on a child. In one shared accommodation, the caregivers restrained them by holding them by the neck with one arm twisted behind their back. A child was even injured in this way on one occasion. These kinds of practice are in no way adequate restraining techniques and thus worthy of criticism. Further training such as the PART programme (Professional Assault Response Training) are strongly recommended. The Laender have announced to the NPM that they intend to inform facilities about statutory amendments in time. Inadequate restraining techniques 69