Locked in a dog box: 150,000 euros in compensation for boy (14) demanded

In a letter dated Monday, 150,000 euros in compensation and liability for all future damage to the boy are demanded. The country now has three months to comment.

• also read: Boy locked in dog crate: 20 and 14 years in prison

In the letter available to the APA, the victim’s lawyer bases his claims on the fact that the relevant employees of the Waidhofen ad Thaya district administration (BH) reacted “totally inadequately, therefore unlawfully and culpably” to the boy’s dramatic and life-threatening situation. “The inadequate reaction” caused damage that “on the one hand affected his physical integrity, but in particular his mental health.”

Unannounced home visits

Ruisinger primarily refers to the role of child and youth welfare in the case, which was also highlighted at the end of February during a jury trial at the Krems regional court. There were unannounced home visits to mother and son on October 28 and November 18, 2022 (four days before the child fell into a coma). Within 17 days, the BH had received two risk reports from different institutions, “which highlighted different problem areas,” it is emphasized. In addition, on November 11, 2022, due to the then 12-year-old’s frequent absences, the boy’s school filed a complaint about a violation of the Compulsory Education Act.

During the two home visits, the lead child and youth welfare employee identified abnormalities, but no reason was seen for a so-called imminent danger measure. In particular, the official’s decision on November 18th is seen by the victim’s lawyer as a “serious misjudgment”. As a result, the boy was “admitted to the hospital just four days later in a life-threatening condition and only narrowly escaped death.” The thesis is based on statements made by an expert during the trial, according to which it can be medically ruled out that the twelve-year-old was still fit or healthy on November 18th. The letter also criticizes the fact that the child’s father, who also has custody, was not informed by the BH about the risk reports that had been received.

Official liability action

Ruisinger recently announced an official liability lawsuit in the media. The written request that has now been made and addressed to the state to recognize the claims is a preliminary stage provided for in the Official Liability Act. The state of Lower Austria has three months to make a declaration as to whether the claims will be recognized or not. When contacted by the APA on Monday, there was no comment on this matter. In the office of State Councilor Ulrike Königsberger-Ludwig (SPÖ), it was pointed out that so far they had only heard about the victim’s lawyer’s announcements from the media.

The case was already the reason for a group of experts to meet last year. A corresponding commission report, which includes seven general recommendations, was presented at the beginning of March. The specific facts were not dealt with; data protection regulations and professional confidentiality stood in the way.

“All legal and technical requirements complied with”

After the case became known in 2023, the child and youth welfare service emphasized that an immediate examination of the internal processes showed that “all legal and technical requirements were adhered to”. Due to details that became known during the court proceedings, the state ordered the case to be re-examined. The technical supervisory authority should investigate “whether all legal and professional standards” have been adhered to. “This exam is currently being finalized,” said Königsberger-Ludwig’s office on Monday. “I will fully contribute to the clarification should a lawsuit arise. The complete investigation of the case is also in my highest interest,” the SPÖ regional councilor was quoted as saying.

The incident caused a stir across national borders. The 33-year-old mother is said to have beaten, bound, gagged her son and repeatedly locked him in a dog crate for hours. On November 22, 2022, the child was in an acute, life-threatening condition. The twelve-year-old survived because of the intervention of a social worker who was known to the family through counseling. A former friend of the Waldviertler woman is said to have acted as an accomplice to the child’s mother.

The 33-year-old received 20 years in prison in the jury trial for attempted murder, torturing or neglecting minors, younger or defenseless people and for deprivation of liberty. Her former girlfriend was sentenced to 14 years for continued violence as a contributor or intended perpetrator. In both cases, they were also ordered to be placed in a forensic therapeutic center. Both verdicts are not final because the defense lawyers have filed an appeal.