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Thousands of daycare places for U3 children are missing in NRW – although there has been a legal entitlement since 2013. Last resort: a lawsuit. What parents need to know.
Despite the massive daycare expansion in recent years, there is in North Rhine-Westphalia In many cities there are still too few childcare places. However, many parents no longer accept receiving a rejection for their child. Since 2013 there has been a legal entitlement to a childcare place for one to three-year-old children nationwide. Florian Linten, specialist lawyer for family law, explains everything that needs to be taken into account.
Legal entitlement to a daycare place – what exactly does that mean?
Since 2013, parents throughout Germany have been entitled to a childcare place for their child from the age of one, regardless of whether they are employed or not. “With the introduction, a great success has been achieved. The cities and municipalities are legally obliged to provide a place. They had to adjust to the fact that all parents have the opportunity to make use of the claim,” says the Essen lawyer.
How to assert the legal claim?
“The usual way is to register a child for a daycare place in a daycare center with the city or municipality. This should be done at an early stage, preferably six months before the care is needed,” explains Florian Linten. Most day-care centers have a deadline by which the registration must be received at the latest.
As a result, there are three possibilities that can arise after registration: a commitment, a rejection or no clear answer from the offices. “In the latter case, parents should give the authorities a deadline for a clear response. This is effective in most cases,” says Linten. If a rejection comes, it is possible to sue for the claim.
When can affected parents sue for a daycare place?
If the parents are not allocated a place in time, even after an objection, urgent proceedings can be requested at the competent administrative court. The refusal or refusal of an objection must be presented. “When it comes to a process, in most cases it doesn’t go all the way to the end. A consensus or a daycare place is usually found beforehand,” explains the specialist lawyer for family law.
Can the parents express their wishes as to which day-care center the child should go to?
Preferences can be expressed, but the municipalities do not have to respond to them. “The administration is not obliged to place the child in a desired day care center. There is no legal entitlement to a specific care location. Given the distance to the place of residence, a maximum of half an hour’s drive by car, bus or train is reasonable,” says Linten.
Suppose I sue for the daycare place: What costs do I have to reckon with?
If the plaintiff wins, the municipalities or city must pay the costs of the case. “Overall, the costs of such a process are rather low compared to other civil law processes and are between 600 and 900 euros, depending on the process,” explains the specialist lawyer.
Is there a chance of compensation if parents are unable to get their child a place in a day care center despite a lawsuit?
The right to compensation exists, but it is not easy to enforce. “For example, the income situation must be explained in detail: What amount is lost because the child has to be cared for by a parent? However, it must also be proven that there was no cheaper alternative. A municipality can also argue that it no longer had any free capacity. So the municipalities must also be accused of a certain sloppiness,” says the expert.
Is a lawsuit even worth it?
The lawyer has a clear opinion on this: “The legal entitlement exists, and the municipalities actually have to ensure that there is sufficient capacity for the children. This is intended to help single mothers in particular and prevent them from slipping into poverty in old age later on. So it is a civic duty to also sue for this right.” The chances of success are good – even if such a lawsuit is laborious and time-consuming at first. Linten: “If many people use the lawsuit, there is also pressure on politicians. Perhaps the situation will change and many new capacities will be created.”
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