Procedural assistance for people with trauma
The Karin and Walter Blüchert Memorial Foundation is committed to making administrative procedures, particularly in social law, more accessible and supportive for people with trauma. Administrative procedures can place a significant additional burden on individuals who have experienced trauma. Authorities demand information, documents, and cooperation, set deadlines, and make decisions. However, certain procedural situations can pose particular difficulties for traumatized individuals: for example, they may struggle to coherently describe their experiences, attend appointments, or cope with the complex requirements of the process.
What does "fair to those affected" mean?
In our view, an administrative procedure is fair to those affected if it takes into account and, where necessary, compensates for particular difficulties they may face in participating in the procedure. This does not mean that different legal standards apply to traumatized individuals. Rather, it is about enabling them to participate in the procedure effectively and meaningfully.
Some areas of law already have such procedural guarantees, such as asylum law and criminal procedure. In contrast, comparable regulations exist only sporadically in social administrative procedures.
Special procedural rights
Our aim is not to introduce extensive special regulations for administrative procedures. However, the following principles should apply to the treatment of people with trauma:
- Identifying vulnerabilities early
If there are indications of trauma or other particular vulnerability, the authority should have trained personnel assess whether this could result in procedural disadvantages.
- Enabling reliable case management
Especially in complex social law matters, a designated contact person within the authority can help to understand the issue, coordinate different benefit claims, and facilitate access to the necessary services.
- Urgent decisions enable
Lengthy legal proceedings can be particularly stressful for traumatized individuals. Where delays could worsen the situation, opportunities for preliminary or expedited decisions should be consistently utilized and further developed.
- Involve trusted individuals and aid organizations
Those affected should – with their consent – be able to rely more heavily on the support of specialist advice centers, victim organizations or other suitable third parties.
- Providing psychosocial support
Criminal procedure law already provides for the possibility of qualified psychosocial support during legal proceedings. A comparable approach should also be developed for particularly stressful situations in administrative proceedings.
- Employees are trained
Employees who regularly interact with traumatized individuals need knowledge about the specific effects of trauma and how to deal with it appropriately. This could also involve the appointment of specially qualified contact persons or trauma officers.
- Procedural guarantees must not fail due to costs.
The necessary support services must be accessible to those affected free of charge. In particular, where qualified support or the involvement of independent advice centers is required, financing must not become an additional obstacle.
What we wish for
We are therefore committed to ensuring that corresponding procedural guarantees are enshrined in social administrative law and are discussing this with representatives from politics and society.
A fair and responsible administrative procedure is more than just a matter of good administrative practice. It's about ensuring that people who are particularly burdened by traumatic experiences can actually exercise their rights.