Ombudschaft is based on various laws and agreements. Most important here are the participation rights of young people as laid down in the UN Convention on the Rights of the Child (Art. 12 CRC), to which Germany is committed: young people have the right to be heard and their opinions must be taken into account in all procedures that affect their lives. Participation rights also include the right to object and complain – and this is where the notion of Ombudschaft comes into play.

Young people and their families need independent counselling when conflicts arise with youth welfare services. With the Child and Youth Strengthening Act (Kinder- und Jugendstärkungsgesetz), which recently came into force, Ombuds Offices are officially recognised under German law (§ 9a SGB VIII).