Youth welfare; application for arbitration proceedings

In the event of disputes and conflicts, facilities and public youth welfare organizations can appeal to the joint arbitration board in accordance with Section 78g SGB VIII.

If the youth welfare service is provided in whole or in part in a facility, the public youth welfare provider is obliged to pay the fee to the beneficiary if agreements have been made with the provider of the facility or its association regarding

• the content, scope and quality of the services offered (service agreement),
• differentiated fees for the services offered and the investments required for operations (fee agreement) and
• on principles and standards for assessing the quality of the services offered and on suitable measures to ensure this (quality development agreement)

have been concluded.

An arbitration board has been set up in Bavaria for disputes and conflicts. This is located at the government of Lower Bavaria. Upon request, it decides on matters that are subject to agreements in accordance with § 78 b Para. 1 SGB VIII if the parties have not reached an agreement.

The following information is required:

• The applicant must state whether and, if so, to which umbrella organization he belongs.
• The respondent must be named, stating the respective local youth welfare organization with a summonable address.
• A declaration that contract negotiations have been initiated but have finally failed and that an agreement has not been reached within six weeks after one of the contracting parties has requested negotiations in writing.
• The application must contain a brief description of the institution and details of the matters on which and for what reason no agreement could be reached.
• The application should contain a specific request (application) stating the agreement period.
• The application may contain a statement by the applicant as to whether he/she agrees to a decision by the arbitration board in a written procedure.

• Evidence, e.g. of the service agreement / quality development agreement and the calculation basis (if the fee agreement is in dispute)
• power of attorney, if applicable
• If applicable, operating permit (copy)
• Depending on the individual case, further documents may be required. Please contact the government of Lower Bavaria.

One party has requested in writing to negotiate an agreement in accordance with Section 78b Para. 1 SGB VIII and no agreement has been reached within six weeks.

The decision of the arbitration board may be appealed to the administrative courts without the need for preliminary proceedings. The action is not to be brought against the arbitration board, but against one of the two contracting parties. A review of the decision in preliminary proceedings is not required.

The application to initiate arbitration proceedings, together with the necessary documents, must be submitted in writing or electronically to the office of the Arbitration Board at the Government of Lower Bavaria.

If the application is submitted in writing, it must be submitted in triplicate.

The members of the Arbitration Board shall decide on the application. In an oral hearing, the arbitration board first attempts to reach an amicable agreement between the contracting parties. If this is not successful, a decision is made by resolution. If the parties agree, a decision can also be made in a written procedure.

The request for arbitration can be made at the earliest six weeks after a written request for negotiations.

At the request of one of the parties, the Arbitration Board shall decide without delay on the points remaining in dispute from the negotiations previously requested in writing.

Fees of EUR 400.00 to EUR 7,700.00 are charged for the proceedings of the Arbitration Board and the expenses are determined in accordance with Art. 10 of the Costs Act.