From what age may children walk home alone from an activity/sport in Germany?

Question

In the UK, there are strict safeguarding rules for children. If a child is not picked up after school or an activity by their parents or caregivers, the teachers need to wait until they are picked up and their responsibilities are clear to ensure the child's safety.

I haven't found any similar advice for Germany. There is plenty of advice for parents and leaving children alone (usually at home), but I have not found anything concrete on the responsibilities of others who might be looking after the children and where that responsibility ends.

Are there particular laws that apply to children in this context in Germany, particularly in what context they can be unaccompanied and who is responsible for them? Do the laws change at particular ages?

Let's say I run a swimming course, for instance, and the class finishes at 5 pm. Who is responsible for the child now that the class has ended? If a 10-year-old child says that their parents "said they could go home alone", can I reasonably stop them? If their parents then instruct me verbally (e.g. over the phone) to send them home, am I free to send them walking off into the sunset with no more responsibility? Is this different if they were 6 years old? Or a 6 year old accompanied by a 10 year old?

Answer 1

germany

Ah, okay, there isn't any easy answer/number/table for this.

In general, the "Aufsichtspflicht" results from Bürgerliches Gesetzbuch (BGB) § 1631 Inhalt und Grenzen der Personensorge.

There are not clear cut lines or given ages. This is mainly because it does not make a lot of sense. A very independent and mature 6 year old can do things a less developed or even disabled person might not be able to do, even at the age of 18+.

Generally speaking, the parents have the duty to care for the child, anything else can be handled by contracts. For example a contract with a kindergarten. Or School. Or private/public pool.

From personal experience I can say this: Germany is very safe. Kids go to school on foot, on bike or longer distances by normal public transport among all the other adults. We do not have "school busses". Between 07:00 and 08:00 public transport is packed with kids of all ages going to school. Schools do not normally have their own stops. Kids get off at the nearest stop and walk the rest of the way. Around the school you will see streams of children coming from all directions on bike or foot. It is rare to see adults accompanying them, unless it's the first weeks of elementary school or the last day before school holidays where parents pick up their kids to do something fun after school.

When I was a kid, I walked to school every day, almost from day one of elementary school. The first few weeks an adult would accompany us (one of the parents, they had a rotation going), then we walked on our own, as a group of 3-4 kids in the same class from the same neighborhood block. Google maps says it's a 10 minute walk of 800 meters. If any teacher had stopped me from leaving the school building on my own when school was finished, I am sure people would have wondered why. That only happened for mentally handicapped kids. Even kids who needed transport for one reason or another would just know to wait in front of the school. No teacher or other adult would be there.

At 5th grade, I know half my class came by bike and in the winter or on rainy days by public transport, because they did not live in walking distance to the school. Neither did I, but I lived close enough to not get the public transport ticket subsidized, so the kids from our street got there by bike, or on foot when the parents deemed riding a bike to unsafe in snow and ice in winter.

Who is responsible for the child now that the class has ended?

The parents. Unless the contract says otherwise, or circumstances are exceptionally dangerous. There is no exact written guideline for this, because it would not make sense. The adult has to know what is exceptionally dangerous and what is not. It can be perfectly safe for a 10 year old to walk home through the woods. If that is what the parents deem okay, then it is okay. Yet as the adult in charge, you have the duty to keep them back, if you know the woods are on fire today, or a criminal escaped into the woods or something similar that would make it significantly more dangerous then the parents had in mind when they made their general decision.

If a 10-year-old child says that their parents "said they could go home alone", can I reasonably stop them?

If you have a contract that says they cannot go home alone, sure. If there is a special situation that implies the conditions have changed from what your contract said (lets say the radio broadcasts a storm warning and you see that the weather is horrible and branches flying around could injure a smaller kid) you can (maybe even have to), even if you do not have a contract.

Otherwise... why would you? It’s their parents decision. If they had wanted you to keep an eye on their kids when the time is up, they would have made a contract that says so.

Answer 2

australia

This is a matter of state law:

• queensland A person who, having the lawful care or charge of a child under 12 years, leaves the child for an unreasonable time without making reasonable provision for the supervision and care of the child during that time commits a misdemeanour. Maximum penalty — 3 years imprisonment. However, this is not a blanket prohibition - it may be reasonable for an 11-year-old to walk 5 minutes home alone.

• new-south-wales No specific law, according to Family and Community Services NSW, at the judgement of the parents based on the family circumstances and the age and maturity of the child.

• victoria A person who has the control or charge of a child must not leave the child without making reasonable provision for the child's supervision and care for a time which is unreasonable having regard to all the circumstances of the case.

• western-australia, australian-capital-territory, tasmania, south-australia & northern-territory No specific laws and no government guidance.

Even though Queensland is the only state with a specific legislated age, the laws are basically not that different: parents (and in loco paretis) have a duty to protect children in their care, including providing reasonable supervision. However, reasonable supervision may be no supervision if appropriate to the circumstances.

If you are their swimming instructor, you can and should be guided by the parents, but it is ultimately your decision. If harm were to come to the children, you might be called upon to justify your decision.

Of course, you are a mandatory reporter, so if you believe that what the parents allow amounts to neglect, you must tell the government of your concerns.

Answer 3

This is a question of Aufsichtspflicht (duty to supervise). Minors have to be supervised, as appropriate for the individual circumstances and the child's maturity. There is an expectation that children incrementally get more freedom as they grow, especially once they reach school age. Thus, it can be entirely appropriate to let six- or seven year olds play unattended for multiple hours, or to let them go home alone. There is no explicit age limit, just the full legal age at 18 years.

A swimming course is dangerous, and will require intense supervision.

After such an activity, it would generally be expected that young children are picked up by their parents. In order to minimize liability, the supervisors should make explicit arrangements with the parents. Who is authorized to pick up the kid? Or shall the child be sent home by itself? If the parents/guardians want the child to go home alone, that's an issue for the parent's duty of care. For swimming lessons and youth groups this will probably be discussed informally, but more institutional supervisors might keep written notes about this to avoid misunderstandings.

If a child should be picked up, supervisors/instructors would have to wait with the child, or have to make alternative arrangements. If a child claims that it can go alone, but this contradicts other arrangements or doesn't seem appropriate for this child, then supervisors should clarify, for example by calling the parents.

Further reading:

• Aufsichtsperson on the German Wikipedia
• § 832 BGB which establishes liability when the duty of care is violated
• Infoblatt Aufsicht in Kitas der Unfallkasse RLP which summarizes liability concerns for day care providers. See in particular the Q&A on page 6: Dürfen Kinder den Nachhauseweg alleine antreten? and Was passiert, wenn das Kind nicht abgeholt wird?

Answer 4

For your question:

If a 10-year-old child says that their parents "said they could go home alone", can I reasonably stop them?

I would consider two scenarios. First, assume you are the supervisor of a sports course or similar activity with a bunch of kids. That means you have an agreement with the parents that you are responsible for their supervision during the course. You also need some kind of agreement what happens at the end of the course. Either the parents tell you they will pick up the kids or they tell you the kid can leave on their own. There are no formal age limits, you do what the parents tell you.

Second, you are 'a random stranger' and just observe the kids walking off on their own. You have no basis to intervene just because the kids are on their own, even if they are much younger. You can offer help but please don't call the police just because you saw a 5-year old walking around on their own with no sign of any problems.