However, taking the wishes of those affected into consideration also means placing them in a situation where – after spending years in large-scale institutions in some cases – they can figure out their individual needs, where their insecurities are eliminated through information and where they can take advantage of the possibility of other ways of living.   Obligation to deinstitutionalisation in accordance with UN CRPD must be complied with. Comprehensive overall concepts are lacking and must be developed. 2.4.2.3 No care home agreements for persons with disabilities Commissions have reported several cases where residents live in institutions and facilities for persons with disabilities without the operator of the facility having executed written care home agreements with them. Residents under care without care home agreements This contradicts the provisions of the Consumers Protection Act (Konsumentenschutzgesetz). For agreements with an indefinite term, Sections 27 et seq. of the Consumer Protection Act stipulate that they must be executed or issued in written form between the operator of the home and the resident no later than within three months after the beginning of a stay in a care home. In the event of agreements that are limited as to term, this must occur prior to the beginning of the stay in a care home. Care home agreement in written form obligatory The purpose of written form is specifically, but not exclusively, to preserve evidence and transparency of the service obligations on the part of the operator of the care home. These agreements must stipulate what has been agreed concerning accommodations and care and must be worded “simply and comprehensibly”. The capabilities, needs and expectations of a rational resident of such care home are the measure for the wording of the agreement. Individual operator organisations, however, took the point of view that in those cases, in which clients had been promised a benefit, e.g. financing of housing, by way of an official notice, the transaction has a background that is governed by public law. Therefore, the Consumer Protection Act is not applicable and a care home agreement does not need to be executed. After interventions by the NPM, the Federal Ministry of Labour, Social Affairs and Consumer Protection confirmed that assumption of costs by a public entity alone does not exclude applicability of the Consumer Protection Act. The Federal Minister therefore tasked the Austrian für Association for Consumer Information (Verein Konsumenteninformation) with requiring institutions and facilities for persons with disabilities to hand over care home agreements in accordance with Section 28 (3) of the Consumer Protection Act. 75 Consumers Association of Austria files a legal action against an operator organisation