Legal entitlement to a kindergarten place

Legal entitlement and yet no kindergarten place?

The expansion of childcare continues to progress, but it may be that you do not get one despite legal entitlement to a kindergarten place. In this case, you should first contact the municipality. The youth welfare offices must help you to find a place in another, “reasonable” kindergarten. This means: At least half-day care in a kindergarten that is no more than half an hour away from home. However, the neighbouring municipalities are not obliged to provide your child with a place.

Legal claim to kindergarten place enforceable?

The legal right to a kindergarten place is enshrined in law in Germany and therefore also enforceable. After you have received a written rejection, you can file an objection. It is recommended to consult a lawyer who will enforce the legal claim.

If the objection was unsuccessful, you can file a lawsuit before the locally competent administrative court, there is no obligation to be represented by a lawyer. Experience has shown that a lawsuit is worthwhile in most cases, since municipal carriers have only a few valid arguments why you can not be allocated a place.

What if, despite a complaint, no childcare place is available?

But how do you want to sue for something that does not exist in some cities, especially big cities? Although investments are being made in the expansion of childcare, many parents are still left empty-handed and have to look for alternative care for their child. If there are no kindergarten places, parents must, for example, take their children to a childminder. The costs are covered here depending on the respective fee schedule of the municipality. Many municipalities pay the fees of a childminder in the amount of thecosts of the kindergartenand the parents pay the remaining amount.

If only the care in a private institution remains or you have a loss of earnings, you may be entitled to damages. You have to sue for it in civil law. According to the Federal Court of Justice, however, the claim can only be asserted if the municipality has worked improperly when allocating the childcare places.

Tips for registering in kindergarten and kindergarten

First and foremost, it is important to startregistering for kindergartenearly. It is best to inquire at your responsible youth welfare office, here you will find all information about childcare and the associated costs and registration deadlines.

In addition, it is worthwhile to know the admission criteria of the desired institutions. Because a kindergarten has the right to reject children if other candidates on the waiting list have priority according to their criteria. Normally, the criteria are in line with the philosophy of the sponsor of the kindergarten, i.e. with the institution that finances the kindergarten. That’s why you should think carefully about whether the kindergarten of your choice really suits your family and your worldview. Inquire about the criteria at different kindergartens in your area and register your child with several kindergartens that you like.