5 – CHILD AND YOUTH WELFARE FACILITIES In 2017, the National Agency visited five educational support facilities in which children and juveniles are deprived of their liberty in the Federal Länder Bavaria, Hesse and North Rhine-Westphalia. members of the ombudsman office introduce themselves to all newly admitted children and juveniles in person, which the National Agency considers a suitable method of ensuring awareness of the ombudsman’s approachability. In one facility, the National Agency recommended the creation of a binding procedure for processing complaints, which would require that complaints be systematically documented and evaluated in writing. 5.1 – POSITIVE EXAMPLES The National Agency highlighted several positive examples during its visits. In all of the visited facilities, the high levels of staff meant that young people could receive the close, personal care that is crucial for this target group. In one facility in particular, the National Agency noted the highly personalised way in which staff members worked with the children and juveniles. In one of the visited facilities, an initial medical examination is carried out by a GP upon admission. This is particularly worthy of note, as examinations of this kind are rarely carried out in closed facilities with similar objectives. During its visits, the National Agency encountered many positive examples of children and juveniles being taught their rights in an age-appropriate way, with participation also encouraged. One facility had a child and youth parliament, for example, while in another facility spokespersons from all groups took part in meetings of the facility’s internal council (Heimrat). Another facility also holds further training courses for staff on the topic of participation. Daily outdoor exercise from the first day onwards was ensured at all of the visited locations due to appropriate outdoor facilities. 5.2.2 – School lessons At the time of the visit to two facilities in North Rhine-Westphalia, children and juveniles of school age had gone months without receiving school lessons. Regular school lessons must be provided to children and juveniles of school age. This is enshrined in the 67 legislation of all Federal Länder. Furthermore, implementing the right to education is an international treaty obligation laid down in the UN 68 Convention on the Rights of the Child. 5.2.3 – CCTV monitoring One of the visited facilities used uninterrupted CCTV monitoring in corridors and common rooms. Children and juveniles should not be subjected to uninterrupted and indiscriminate CCTV monitoring. Under no circumstances can CCTV monitoring replace the presence of members of staff. It is therefore all the more pleasing that another visited facility did not use CCTV monitoring anywhere in the building – including in the time-out room. 5.2 – FINDINGS AND RECOMMENDATIONS The visited facilities were given recommendations on the following main topics: 5.2.1 – Possibilities for complaint Children and juveniles in child and youth welfare facilities must be able to submit complaints to a suitable complaints body. Although internal contact persons are always available within the facilities, there are a number of facilities (e.g. in Bavaria) which do not have an external, independent ombudsman. In facilities which did have an ombudsman, it was either not always possible to establish unimpeded and confidential contact, or there was insufficient awareness of the body’s existence. In some facilities, 67 See inter alia sections 34 et seqq. of the School Act of North Rhine-Westphalia. 68 Convention on the Rights of the Child, Article 28, version promulgated on 10 July 1992, Federal Law Gazette II, p. 990. 51