Assert a legal claim: if parents cannot find a daycare place

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If you don’t find a daycare place for your child right away, you should contact the youth welfare office as soon as possible. After all, if you do not make your claim early, you may have worse chances in court afterwards.

This Wednesday in Dresden, the Higher Regional Court decides on a claim for damages from parents from Leipzig, who have not received daycare places for their offspring. The most important questions and answers about the legal right to childcare:

Childcare is a national issue.

(Photo: picture alliance / dpa)

How long has there been a legal right to a daycare place?

Since August 1, 2013, all children from the age of one have a legal right to a place in a daycare center or with a childminder.

How early do parents have to register the child?

This is not regulated uniformly nationwide. In Berlin, for example, you can apply for a daycare voucher up to nine months before the desired start of care. The latest registration date is two months before the start. In fact, there are not only parents in the capital who are with theirs before the birth of their child "Desire Kita" be introduced.

Who can complain and for what purpose?

Nobody is entitled to have their child admitted to a specific daycare center. Parents who do not get a daycare place at their place of residence and cannot find childcare facilities with a childminder can go to court. So far, however, this has hardly happened. The parents can either try to get a temporary order to allocate a daycare place in a rush. You can also, If you despite proven efforts and contact with the youth welfare office have been unsuccessful, demand reimbursement of the costs of private childcare. If you cannot organize childcare privately and therefore have to stay at home, you can – and therefore is the complaint of the parents from Leipzig – claims for damages because of Claim loss of earnings.

The higher regional court should now clarify whether the legal claim applies only to the children or also to the parents. Isn’t that a little abstract? After all, one-year-olds cannot complain themselves.

That’s true. However, the local umbrella organizations have determined that the legal claim enshrined in the law is not only about the early support of children, but also about "the compatibility of family and work".

The Federal Constitutional Court tipped the care allowance in July. Can you not use the money that was earmarked for this to build new daycare centers or hire more teachers?

That’s not that easy. Because childcare is a matter for the country – with this argument Karlsruhe had the one paid by the federal government "stove premium" tilted. And there are still different opinions in the Grand Coalition about what should happen with this one billion euros. The CSU would like to pass the money on directly to the federal states. Because then Bavaria could continue to pay the care allowance. Some SPD politicians would like to use the amount to improve daycare quality. For the CDU, however, it is not yet certain that this money must flow into family policy benefits at all.

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