Verdict: A student is allowed to stay at a school, even if the father is stressful (symbol picture)
Photo:
Friso Gentsch / picture-alliance / dpa
A student does not have to move to another educational institution because of massive conflicts between his father and his school.
The Berlin administrative court decided in an urgent procedure.
The 15-year-old, who reportedly does not cause any problems himself, does not have to be responsible for his father's actions, the judges ruled: "Children are not liable for their parents."
According to the court, the background to the legal dispute is an extreme behavior by the father at his son's school.
The father had been filing official complaints and criminal charges for two years.
He addresses students and teachers and creates videos that he publishes on a social network.
Most of the teachers feel threatened by the man.
Two of the son's class teachers and the headmistress had already been incapacitated.
Student has good grades and is socially competent
On the other hand, there is no trouble with the student himself.
In his certificate he has good to very good grades and also excels in social skills.
Willingness to learn and perform, work attitude, reliability, independence, willingness to take responsibility, ability to work in a team and behavior are rated as "very pronounced".
Nevertheless, the Berlin Senate Department for Education referred the boy to another school on October 23.
The authority justified this with the disturbed relationship between father and school management.
The school can no longer fulfill its educational mandate for the 15-year-old to the required extent.
The school peace is so permanently disturbed that the situation is also detrimental to the boy's development.
However, the student did not want to accept this and went to court, where he was now right.
The judges ruled that the prerequisite for the forced change to another school is that the student himself disrupts the proper educational work in the school or endangers other parties involved.
This is not the case here.
The court left it open as to whether the school can take action against the father to prevent his interference.
The decision is not yet final.
The Senate Administration can lodge a complaint with the Higher Administrative Court.
File number: VG 3 L 612/20
Icon: The mirror
focus / AFP