They could restart at home - Lawyer wants compensation for Haasenburg juvenile detention center
Following the court's confirmation that the closure of three youth homes of Haasenburg GmbH more than a decade ago was unlawful, the operator is now seeking compensation. The lawsuit against the state of Brandenburg will continue, said the lawyer for Haasenburg GmbH, Jens Hennersdorf, in response to an inquiry.
The extent of the damage must still be determined, as the damage assessment is not yet complete. "However, it is clear that it will be a multi-million figure," said the lawyer, who also considers a restart to be possible. The "Märkische Oderzeitung" reported this on Tuesday.
The Brandenburg Ministry of Youth had ordered the closure of the three Haasenburg homes in the Unterspreewald, Müncheberg, and at Schwielochsee in December 2013. Youths from all over Germany were accommodated there. Over the years, there had been repeated allegations that residents were harassed and humiliated by carers, and even severe abuse was reported. There were suicide attempts by residents, and multiple enforcement orders were issued for the facility. These incidents made headlines beyond Brandenburg.
Court Upholds Decision to Close
The Administrative Court of Cottbus ruled last year, following a lawsuit by the operator, that the revocation of the operating license in 2013 was unlawful. In the court's view, it could not be established that the welfare of the children and young people in the facilities of Haasenburg GmbH was at risk. Furthermore, it could not be established that the facilities were not ready or able to avert an alleged risk.
The state of Brandenburg then applied for leave to appeal. The Higher Administrative Court of Berlin-Brandenburg rejected this application about two weeks ago (Az.: OVG 6 N 28/24) and upheld the decision of the Administrative Court of Cottbus. "We are currently examining how to deal with the ruling," said the spokesperson for the Brandenburg Ministry of Education, Ulrike Grönefeld.
Lawyer Considers New Start Despite Obstacles
The Brandenburg youth welfare office revoked the operating license in 2013, according to the ministry, because it no longer considered the welfare of the children in the facilities to be assured due to acute risk situations. The ministry listed serious incidents up to two deaths that led to inspections, expert consultations, and enforcement orders by the state youth office.
Since then, the requirements for an operating license for facilities have been tightened at the federal level, consultation for children and young people has been improved in the state, and protection has been specified.
The lawyer for the home operator does not rule out a new start but sees obstacles. The requirements of the operating license must be met, said Hennersdorf to the German Press Agency. "That will now be a considerable effort, as the labor market has also changed and, of course, well-trained specialists have been poached by other facilities. (...) It will therefore take some time. But what should stand in the way of that?" The Haasenburg GmbH filed a lawsuit against Brandenburg in 2014 to claim compensation. This procedure is currently at rest, according to the Potsdam Regional Court.
The Higher Administrative Court stated in its decision that with the revocation of the withdrawal notice, the original operating license is reinstated. "Whether the current conditions for the (continued) operation of the facilities are met is not determined by this."
The operator of Haasenburg GmbH is currently engaging with the Court of Justice to determine the extent of compensation due to the unlawful closure of their youth homes ten years ago. Despite facing challenges in meeting the updated requirements for an operating license, the lawyer for Haasenburg GmbH Jens Hennersdorf still considers a potential new start for the homes.
