Mannheim/Böblingen (dpa/lsw) - The entitlement of children over the age of three to a daycare place must be fulfilled according to a court decision, even if the obligated district considers this impossible. The Administrative Court (VGH) announced on Tuesday that a shortage of skilled workers cited by the district does not release it from providing a daycare place. Such problems could not put the individual and unconditionally guaranteed legal claim into perspective, emphasized the Mannheim judges.
The background is the unsuccessful search of working parents for a daycare place in Böblingen for their daughter, who will be four years old this December. On the other hand, the girl as an applicant lodged an objection. The city referred to the responsibility of the district as the provider of public youth welfare. The applicant then applied to the Stuttgart Administrative Court for an interim order that the district had to prove that she had a place in a daycare center five hours and no more than 30 minutes away from her apartment by public transport. The Administrative Court issued the coveted injunction, limiting the allocation of a place to six months.
The district appealed against this. Because the claim cannot be fulfilled due to the workload and the performance expressed is aimed at something impossible. The 12th Senate of the VGH rejected this justification. He emphasized that a claim that should not be enforceable in court when all the places are currently occupied would be subject to a capacity reservation. However, the legislator has clearly decided against the claim that the lack of places will not be fulfilled. The court suggested that the district should issue a temporary exemption for overcrowding in individual cases. The November decision is final.