A civil lawsuit is underway seeking 180,000 euros for a child who suffered severe abuse, with 150,000 euros for damages and 30,000 euros for potential future harm. The case, based on the NÖ Child and Youth Welfare Act, implicates state officials for failing to act on signs of danger. Investigations are ongoing into the social workers involved, while the child’s mother received a 20-year prison sentence for attempted murder. The welfare service claims compliance with standards, but scrutiny continues.
Legal Action for Damages in Child Welfare Case
Recent investigations by APA and ORF NÖ have revealed that a civil lawsuit is being pursued, seeking damages amounting to 150,000 euros for a case involving a child who has endured severe mistreatment. The lawsuit aims to hold the state accountable for future damages related to the child’s suffering, characterized as ‘incomprehensible martyrdom.’
Overview of the Lawsuit and Allegations
The civil complaint was lodged at the Regional Court of Krems, with a total claim of 180,000 euros. This includes 150,000 euros for damages and an additional 30,000 euros to cover potential future damages. The legal foundation for this suit stems from the NÖ Child and Youth Welfare Act, which designates the state as the provider of child and youth welfare services.
Attorney Ruisinger emphasizes the involvement of two officials from the Waidhofen a. d. Thaya district authority, asserting that their actions and failures are attributable to the state. The lawsuit highlights that there were multiple signs indicating the child’s mother was jeopardizing the plaintiff’s well-being, inflicting both physical and psychological harm.
Following two reports of potential endangerment, the child and youth welfare service conducted surprise home visits on October 28 and November 18, 2022. Notably, the second visit occurred just four days before the child fell into a coma. While both social workers attended the first meeting, only one official returned for the second visit. Although some issues were noted, the official did not find sufficient grounds for an emergency intervention.
From the victim’s representative’s viewpoint, the response was inadequate, particularly as a direct conversation with the child was warranted. The district authority employees are being held accountable for their inaction, with the document suggesting that damage and long-term repercussions could have been prevented.
Earlier in April, Ruisinger had attempted to settle the matter out of court, demanding 150,000 euros in damages and accountability for future damages from the state of Lower Austria. However, these claims were dismissed by the state, which cited Supreme Court rulings and a lack of legal basis, arguing that the actions of the child and youth welfare providers should be viewed as private economic administration. Consequently, the civil legal route is now being pursued, with a statement from the state indicating they will review the lawsuit once received.
As investigations continue, the Krems public prosecutor’s office is looking into the two social workers involved in the case, on suspicion of abuse of office. This disturbing case has drawn attention beyond local borders, revealing that the child’s 34-year-old mother subjected him to horrific treatment, including physical abuse and confinement in a dog box. The child’s life was saved on November 22, 2022, thanks to the intervention of a social worker familiar with the family.
The mother received a 20-year prison sentence for attempted murder and related charges, while her accomplice was sentenced to 14 years. Both individuals are mandated to undergo evaluation in a forensic therapeutic center. These sentences are final.
Following the public outcry, the child and youth welfare service claimed in 2023 that an immediate review of their internal processes confirmed compliance with all legal and professional standards. However, subsequent revelations during the trial prompted further scrutiny from the state, leading to a report submitted to investigative authorities.
This troubling case also spurred the formation of an expert group in the previous year, culminating in a commission report released in early March, which offered seven general recommendations. However, specific details of the case could not be disclosed due to data protection laws and confidentiality requirements.