Definition and Concept of Socio-Educational Individual Support
Die Socio-Educational Individual Support (SEIS) is a form of support embedded in German child and youth welfare law, specifically aimed at adolescents and young adults who have particularly high individual support needs. It is one of the so-called “intensive” forms of educational assistance in accordance with § 27 et seq. SGB VIII (Eighth Book of the German Social Code – Child and Youth Welfare).
Socio-Educational Individual Support is characterized by its strong individualization and flexibility. It primarily aims to address developmental problems, promote social integration, and foster the personal development of recipients whose problems cannot be sufficiently addressed through other, less intensive forms of assistance.
Legal Basis of Socio-Educational Individual Support
Placement within SGB VIII
The legal basis for Socio-Educational Individual Support is primarily found in § 30 SGB VIII (“Educational Counselors, Support Workers”), although in addition to the cited provision, other paragraphs of SGB VIII, especially §§ 27 (“Educational Assistance”) and 35, are also significant. SEIS is not explicitly named as an independent form of support in SGB VIII, but it can be subsumed under “other case-specific necessary services” according to § 27(2) sentence 2 SGB VIII and is often granted in practice as a specific form of educational counseling according to § 30 SGB VIII.
Target Group and Areas of Application
Socio-Educational Individual Support is typically aimed at adolescents and young adults (up to the age of 21, or 27 in special cases), whose support needs cannot be adequately met by standard offerings such as residential care or day group activities (see § 41 SGB VIII for aftercare upon reaching adulthood).
SEIS often addresses young people with special social or psychological burdens, delinquency, addiction problems, or significant school or vocational failure. The goal is to stabilize their personality and promote an independent approach to life.
Design and Legal Requirements
Content Design
The specific design of Socio-Educational Individual Support is based on the individual need for assistance and is coordinated in a support plan procedure under § 36 SGB VIII. It may include, for example:
- Intensive individual discussions and relationship building
- Promotion of social skills and problem-solving strategies
- Support with school and vocational matters
- Accompaniment in everyday and leisure activities
- Crisis intervention
SEIS is usually provided on an outpatient basis, but can be combined with semi-residential or residential elements in special circumstances.
Support Plan Procedure
In accordance with § 36 SGB VIII, a structured support plan procedure is mandatory for every form of educational assistance. During this process—with the involvement of all parties, especially the young person themselves—the individual support needs, the specific design and objectives, and the respective responsibilities are determined. Socio-Educational Individual Support is only approved once this process is complete, with youth welfare professionals reviewing and steering the process.
Right to Educational Assistance
A claim to Socio-Educational Individual Support is substantiated through the basic Right to Educational Assistance pursuant to § 27(1) SGB VIII. The responsible public authority (usually the local youth welfare office) is tasked with deciding which type of support is required and appropriate in the individual case.
SEIS is indicated as an individual measure when less intensive forms of support are insufficient, other support settings fail or are inappropriate, and more intensive individual guidance is deemed necessary.
Sponsorship and Implementation
The implementation of Socio-Educational Individual Support is the responsibility of public or private youth welfare organizations. These must demonstrate the suitability and qualifications of their staff and comply with the legal requirements of § 72 SGB VIII (personal suitability) as well as any supplementary regulations under state law. Quality assurance and oversight are the responsibility of the youth welfare office.
The costs of the measure are generally covered by the public provider (youth welfare office) in accordance with § 39 SGB VIII “Maintenance benefits for accommodation outside the parental home”, if eligibility and need are established. Copayments by legal guardians or the beneficiaries themselves are rare and are assessed in accordance with the relevant state laws and individual financial circumstances.
Distinction from Other Forms of Assistance
Socio-Educational Individual Support is distinguished by being provided as an individual measure and offering intensive, closely monitored, and individual support. It differs in particular from:
- Educational Counseling (§ 30 SGB VIII): Here, the focus is more on support in coping with everyday life, while SEIS is more intensive and individually tailored.
- Socio-Educational Family Assistance (§ 31 SGB VIII): Instead of supporting the entire family, SEIS specifically targets an individual young person.
- Supervised Living (§ 34 SGB VIII): Here, accommodation is central, while SEIS is primarily organized on an outpatient basis.
Relevant Case Law and Administrative Practice
Relevant for the approval and design of Socio-Educational Individual Support are the administrative and social courts. The case law makes it clear that the entitlement and scope of the measure are determined by the child’s welfare (§ 1(3) SGB VIII) and must be tailored to individual needs. Administrative courts regularly review the proper conduct of the support planning process, the needs assessment, and the appropriateness of the measure in each individual case.
Data Protection and Confidentiality
Personal data in connection with the use of Socio-Educational Individual Support are subject to data protection regulations, especially those of SGB VIII (§ 65 SGB VIII in conjunction with the GDPR). In addition, socio-educational professionals are bound by confidentiality (§ 203(1) StGB) and may only share information if there is a legal interest or consent.
Conclusion
Socio-Educational Individual Support occupies a special position as the most intensive outpatient form of assistance within the system of educational support. It is governed legally both by the general provisions of SGB VIII and by administrative and data protection regulations. The specificity of this measure lies in its case-by-case orientation, its flexibility, and its variable intensity, enabling it to meet the individual needs of particularly burdened young people. Approval and implementation of these measures are subject to a formal support planning procedure and strict standards regarding necessity, appropriateness, and proportionality.
Frequently Asked Questions
Which legal provisions govern Socio-Educational Individual Support?
Socio-Educational Individual Support is predominantly anchored in Germany in the Eighth Book of the Social Code (SGB VIII) – Child and Youth Welfare. In particular, § 27 SGB VIII (Educational Assistance) together with § 30 SGB VIII (Socio-Educational Individual Support) forms the main legal basis for this form of assistance. The assessment of entitlement, implementation, and cost coverage depends on the requirements and procedures set out therein. Further design is subject to supplementary laws such as the Federal Child Protection Act (BKiSchG), GDPR data protection rules, additional administrative regulations of the federal states, the General Equal Treatment Act (AGG), the Civil Code (BGB), and state implementing acts for child and youth welfare.
Who is entitled to Socio-Educational Individual Support?
According to SGB VIII, persons under the age of 18 (children and adolescents) can claim this support if their legal guardians or those entrusted with their care apply for the assistance and their development appears to be at risk without such support (§§ 27, 30 SGB VIII). The primary criterion is the individual educational need. Entitlement exists only if less intensive or other forms of educational assistance are insufficient and individual socio-educational support, greater autonomy, or prevention of child endangerment is necessary. Young adults may also be eligible pursuant to § 41 SGB VIII (Support for Young Adults). The entitlement is assessed through a support planning process under § 36 SGB VIII involving the youth welfare office, all stakeholders, and those with parental authority.
What is the legal procedure for application and approval?
The process begins with a formal application to the relevant youth welfare office. The office is legally obliged, as part of a support planning procedure (§ 36 SGB VIII), to determine the need, the type of support, and the objective of the measure together with the child/adolescent and the legal guardians. Approval is usually documented in writing in a support plan, in which the structure, scope, and duration of the individual support are bindingly determined. All parties—the youth welfare office, legal guardians, and the child or adolescent—have participatory rights. The decision on the assistance is governed by administrative law and can be reviewed by means of an objection or administrative court action in case of rejection or disputes.
Who bears the costs for Socio-Educational Individual Support?
The necessary and reasonable costs are regularly covered by the responsible public youth welfare provider (usually the youth welfare office) in accordance with § 39 SGB VIII. In certain cases, the beneficiary may be required to contribute to costs under §§ 91 et seq. SGB VIII, particularly if the legal guardians or young person have their own income or assets. The specific cost contribution is determined by the Cost Contribution Ordinance and is set out in the approval notice. The costs for the measure itself are settled with the youth welfare provider based on social law remuneration rates or on the basis of fee agreements.
What participation and complaint rights do beneficiaries have?
Applicants, beneficiaries, and young people themselves have extensive participation rights in the support planning process (§ 36 SGB VIII). They can make suggestions regarding the design, objectives, and choice of provider. In addition, there is a right to access records under § 25 SGB X (social administrative procedure) and to a hearing as well as a detailed written justification if the application is rejected. In the event of disputes, there is the right to object to the youth welfare office’s decision, to receive legal advice, and to bring an action before the competent administrative court. Further protective rights exist regarding data protection and in relation to the confidentiality obligations of the employed socio-educational professionals.
What data protection regulations must be observed for Socio-Educational Individual Support?
The provisions of the General Data Protection Regulation (GDPR) apply to the processing of personal data, supplemented by §§ 61 ff. SGB VIII (social data protection), as well as federal and, if applicable, state data protection laws. The disclosure, storage, and processing of sensitive data of children, adolescents, and their families generally require informed consent unless there is an explicit statutory basis, such as the exercise of the state’s oversight function (§§ 1, 8a SGB VIII). All professionals are subject to confidentiality and must ensure careful and documented handling of all personal data, including erasure in accordance with statutory retention periods.
How long can Socio-Educational Individual Support be approved, and how is it terminated?
The duration of the measure depends on individual needs, which are regularly reviewed and documented during the support planning process. The continuation or termination of the service is determined based on the achievement of support goals, changed life circumstances, or at the request of participants within the framework of the renewed support planning process. The youth welfare office must be informed of any planned changes, and early termination or discontinuation is only legally justified if all participation and involvement rights are respected and proper documentation is provided in the support plan. In general, legal entitlement ends when the goal is achieved, there is no further need, or when the young person comes of age, with the option of extending support under § 41 SGB VIII.
