Constitutional Lawyer Mayer Criticizes 'Timeout WG' for Young Offenders Due to Lack of Legal Basis

Constitutional lawyer Heinz Mayer has raised concerns about Vienna's "Auszeit-WG," a supervised shared living arrangement for young offenders who are too young to be held criminally responsible. Mayer stated that the facility, which can accommodate a maximum of two children, lacks a legal foundation because it does not meet the minimum capacity requirement of three places outlined in the relevant Home Residence Act (HeimAufG).

"A house with two places is not a home," Mayer told the Austria Presse Agency (APA), emphasizing that the law clearly stipulates a minimum of three residents for such facilities. He asserted that the legal basis for the "Auszeit-WG" is entirely absent under this interpretation.

The city's Department for Children and Youth Services (MA 11) and the Ministry of Justice, however, interpret the law differently. They argue that the relevant organizational concept encompasses the entire provider, "neue wege," rather than focusing solely on the capacity of the individual shared apartment. A spokesperson for Justice Minister Anna Sporrer confirmed that the ministry finds this interpretation "defensible."

Mayer acknowledged that courts would ultimately need to decide the validity of this legal interpretation. He noted that such an interpretation might be more applicable if all facilities under a single provider shared the same management structure. Meanwhile, a judge has provisionally approved the restrictive measures for the first resident, a 13-year-old boy, pending further evaluation. A hearing on August 19 will determine the boy's future placement. The court has commissioned expert reports from child and adolescent psychiatry and remedial education specialists to assess whether alternative measures can replace the current restrictions.