Social Worker's Advice Leads to Lawsuit Over Child Support Dispute in Austria

A legal battle is unfolding in Austria where a mother is suing a non-profit counseling center, alleging that inadequate advice from a social worker led to her being ordered to pay backdated child support. The case hinges on the professional responsibility of social workers when confronted with legal issues outside their formal expertise.

The woman sought help from the counseling center, which assists families with various conflicts, including those related to upbringing, separation, and finances. She had been in contact with the social worker since 2010. In January 2023, she received a court notice regarding child support payments for her son, but claims she did not receive it in time to respond.

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She had not received the yellow slip from the post at the time.

Consequently, the district court ordered her to pay child support retroactively from 2019. The mother then contacted the counseling center, explaining her situation and her suspicion that a neighbor might have removed the court notice from her mailbox. Her long-term social worker advised her that an appeal would likely fail and incorrectly stated that filing for legal aid would not pause the appeal deadline.

The Supreme Court (OGH) is now tasked with determining the standard of care for social workers. The core question is how non-legal professionals should navigate legal inquiries to ensure clients are not disadvantaged by incorrect or incomplete advice, and to clarify the extent of the counseling center's liability.

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How must a social worker, who is not a lawyer himself, behave correctly when legal questions arise?