Enlarge image
Student Emily: She died in London in 2019
Photo: private
Kay Schierwagen has been hoping for more than two years that the death of his daughter Emily will be solved.
The 13-year-old girl died of complications from diabetes on a school trip in London.
Now the public prosecutor's office in Mönchengladbach has brought charges against two teachers – for negligent homicide through omission.
The teachers had accompanied the students on the trip and are said not to have asked about their state of health or possible previous illnesses.
According to a 1997 decree by the Ministry for Schools and Further Education, they were obliged to do so, says Schierwagen's lawyer Wolfgang Steffen.
The girl suffered a heart attack
The autoimmune disease had hardly played a role in Emily's life, the type 1 diabetic had been dealing with it routinely for years and always carried an insulin pump with her, says her father.
The girl left for London with her class on June 26, 2019.
Three days later she had to be admitted to Great Ormond Street Hospital with a blood sugar level of 1470.
Normal is around 120. Her parents left for London the same day.
Emily's condition stabilized and her blood sugar dropped to 300. But the child suffered a heart attack and died.
more on the subject
Mönchengladbach public prosecutor's office: Diabetic student dies on a class trip - investigations against teachers stopped
Investigations against teachers: deadly class trip by Julia Jüttner
Death on a class trip: What is the duty of supervision for teachers?
The public prosecutor's office in Mönchengladbach had initially investigated the four school teachers who had traveled with them, but then dropped the proceedings.
It was not possible to prove that the three teachers knew about Emily's diabetes.
»A remarkable partial success«
Schierwagen didn't give up.
Lawyer Steffen caused the investigation to be resumed: Emily's classmates had informed the teachers about the weakened condition of the 13-year-old, and as supervisors they should have gotten medical help immediately.
Enlarge image
Emily with her father Kay Schierwagen
Photo: private
The charges against the two teachers are "a notable partial success," says Steffen, former presiding judge at the Düsseldorf Higher Regional Court.
The investigation was stopped against another teacher.
According to prosecutors, the two did not breach their duty of care.
Although they accompanied the class trip, they were not involved in organizing it and were not present at the information evening for the parents.
Therefore, they should have assumed that “the specific query about previous illnesses” had taken place.
Attorney Steffen has lodged an appeal against this decision.