Aufsichtspflicht für Erzieher - Was droht bei Aufsichtspflichtverletzung? (2/2) | ERZIEHERKANAL

A small moment of carelessness and the pedagogical faculty is already in prison? Many people who work in the social sphere, especially in children's newsstands, have this concern. In this two-part video series, we want to see if there is something true about it and what it has exactly to do with supervision. Hi and welcome to the second part of the video series on the subject of supervision. If you haven't seen the first video yet, it's best to watch it in advance. The basics of supervision were presented there. We looked at relevant laws and specific criteria that should be taken into account when it comes to supervision. Let's continue now and look at how supervision can be carried out, why supervision is only a secondary duty and what that means, when supervision begins and when it ends and what consequences a supervision injury can have. The four forms for ensuring supervision. As already mentioned in the first part, the concrete action depends on the individual and the children and adolescents you work with. The pedagogical faculty should therefore know and assess them as well as possible, in order to be able to assess what works and what doesn't. There are basically several ways in which the pedagogical faculty can comply with their duty to supervision. 1. Give information It is basic that children are given information about possible dangers in order to avoid serious consequences. Do not go to the saws alone in the building. Always have someone at hand during excursions and do not walk on the street, etc. It is important to ensure that the children have really understood the information. The pedagogical faculty serves as a role model, of course. 2. Requirements and prohibitions Clear requirements and prohibitions are also necessary. Do not climb over the fence from the outdoor area. Do not run through the room with scissors in your hand, etc. Some things are simply forbidden, too dangerous and have no meaningful use if you do them. Nevertheless, free space and possibilities should be offered to children for free development and development. 3. Trust is good, control is better Actually a stupid saying, but sometimes it is actually necessary. If a child has ignored information, broken requirements and prohibitions and, for example, has already climbed over the fence in the outdoor area once or twice, then, at least from time to time, the child must be checked regarding his behavior in order to avoid further dangers. If the child climbs over the fence again, was not checked and something bad happens, then the pedagogical faculty can definitely rule out an injury to the supervision. 4. Intervene If nothing works, all points have been ignored and there is a delay in danger, then the pedagogical faculty must intervene efficiently to avoid and end the dangerous situation. If a three-year-old child runs through the facility with scissors in his hand, does not respond to an appeal, then it is absolutely okay and supervision technically absolutely necessary to stop the child as soon as possible, also if necessary with physical effort. This also applies to children who are in a rage and want to fight seriously, with shovels or the like and so on. Sometimes no pedagogical words help, but simply a quick danger reduction and then of course a follow-up conversation. Should children and adolescents now be monitored permanently? Then I'm on the safe side and nothing can happen. No, the main task of pedagogical faculty is not to ensure supervision. That probably sounds confusing at first. The supervision should not be injured under any circumstances. That is absolutely correct. The supervision is seen much more as a side duty, which of course must be ensured in any case. But the vision, the goal and the result of the work is not mainly to protect children from all dangers. That would simply lead to permanent monitoring with prohibitions and extremely restrict the child in its development. Then pretty much everything would actually have to be prohibited. The main task and duty of the pedagogical faculty is the education and training task. This is paramount. It is about raising minors to independence and maturity. In early education, foundations and the foundation are laid for this. The children must be offered opportunities and leisures to develop personally, to build up important skills and abilities and to grow in their own development. This duty is also legally established. Basic Law Article 2, paragraph 1. Everyone has the right to the free development of his personality as long as he does not violate the rights of others and does not violate the constitutional order or the Sitten law. In addition, here from the 8th social law book, paragraph 1, the right to education, parental responsibility and youth assistance. Article 1. Every young person has the right to promotion of his development and to education to a self-responsible, community-capable personality. In addition, from the 8th social law book, paragraph 9, the basic direction of education, equal rights of young people. In the design of performance and the fulfillment of tasks, the growing ability and the growing need of the child or of the young person to take care of independent, responsible action. A pedagogical faculty that only acts in such a way that nothing happens, wastes valuable experience in the child or young person and harms the development much more than it supports the child. So it would not meet its main task and task. The great art and at the same time difficulty is a good and developmentally beneficial balance between the possibility of finding free space and setting limits in terms of really foreseeable dangers. I cannot name a clear regulation at this point and have to refer to the criteria of the supervisory duty from the first video. These points are looked at in case of doubt. Beginning and end of the supervisory duty. The beginning and end of the supervisory duty is usually negotiated. The content is usually that the supervisory duty is transferred for the agreed time after a clear transfer or collection of the child. Here it is also possible that third parties, i.e. not the parents, are taken in and are allowed to bring or pick up the child. It becomes critical if this is not agreed in writing. If the beginning and end of the supervisory duty is not negotiated, then there are silent regulations, which are usually oriented to the above points. Negotiated time and the clear transfer and collection of the child. But you could also make a complete individual video with much more detail and details. There were cases in which parents dropped their child at the kindergarten door during the opening hours. Through the door, the mother saw a teacher and waved. She waved back. This was a transfer for the mother, only a friendly greeting for the teacher. After the mother was gone, the child left a work of art on a car with a key. Here, in case of doubt, it would be checked who is liable for the damage caused. The consequences of a supervisory duty injury. The supervisory duty is totally complex in its individual case. There are many different constellations, possibilities and infinitely many possibilities for practical cases. The legislation provides a clear framework. Within the framework, however, there is a lot of leeway, which depends on the individual case and many, many little things and details. It is incredibly important that pedagogical experts know this topic, deal with the criteria of the supervisory duty from the first video part, and report threatening supervisory duty injuries to the facility management and the carrier. For example, with ongoing overload, chronic understaffing or the obligation to take care of a kindergarten group alone. In these cases, I recommend writing a overload report and entering it in writing. I link you in the info card and the video description a video on the production of an overload report. It is really important that this is submitted if you feel that you cannot guarantee the supervisory duty. The report of this is your good right, but also your duty. If there is a major disaster, I promise you that none of the people responsible will remember that you pointed out several times in the conversation what circumstances prevail. And it does not count that it was only one exception that you were alone with the kindergarten group and so on. Then it only counts that the supervisory duty was injured, you are responsible for it and it is legally checked by the prosecutor and co. A supervisory duty injury can have a lot of legal consequences. Especially if the pedagogical staff acted negligently. Then it can lead to civil, labor, service and criminal consequences. This means that a person must pay compensation in the worst case, lose their job and be sentenced to prison. At this point I must point out that such a thing also occurs in practice and there are actually cases in which pedagogical staff were accused of supervisory duty injury. All people who have seen the film Kalt know what I'm talking about. Even if it is a film, it is based on a true event and this true event has already occurred several times in Germany. And we are not yet talking about the psychological and moral consequences that will accompany the person for a lifetime. Apart from the fact that from this point on they will no longer get a job in the social sector. Click here to get to the latest video on the Erzieherkanal. Leave a free subscription here. For more information, have a look at the homepage www.erzieherkanal.de Thank you and see you next time. Simon from the Erzieherkanal.