In theory, small children have a legal right to a daycare place. In practice, childcare places are rare in many municipalities. However, only a few cases end up before the administrative courts.
Stuttgart (dpa / lsw) - In Baden-Württemberg, only a few families enforce their legal right to a daycare place in court. According to a survey by the German Press Agency, only a few cases are currently pending at the responsible administrative courts in Stuttgart, Karlsruhe and Sigmaringen. At the administrative court in Freiburg there is currently no such procedure, said a spokeswoman. According to a spokesman, the Administrative Court in Mannheim has only had to deal with one day-care center procedure this year.
At the administrative court in Stuttgart, there is a dispute over 12 daycare places. The numbers have not increased in recent years, said a spokesman. Only on Thursday did the court threaten the district of Böblingen with a fine of 5,000 euros if it did not provide a childcare place for a three-year-old within two weeks.
According to the court, the judges in Karlsruhe have three ongoing proceedings. Since 2020 there have been a total of 15, nine of them this year. In contrast, only two summary proceedings and one lawsuit were pending at the administrative court in Sigmaringen. Last year, too, the number of daycare lawsuits was also clearly in the single digits.
Since 2013, children in Germany who have reached the age of one have had a legal right to a childcare place. However, municipalities in the southwest and other federal states cannot provide enough childcare places due to a lack of skilled workers. According to a recent study by the Bertelsmann Foundation, there will be a shortage of 57,600 daycare places in Baden-Württemberg in the coming year.
The specialist lawyer for social law, Melanie Füllborn, in Bietigheim-Bissingen is also busy looking for a day-care center. "I have more than 40 ongoing cases in my law firm," said the 52-year-old. Most of them can be solved out of court because municipalities have no interest in proceedings.
Many parents also do not know that a daycare center cancellation is a decision against which you can appeal. Cities and municipalities would present the cancellations as pure information or notification. "Parents who are not represented by a lawyer do not know what options they have," said Füllborn. In addition, only a few colleagues are specialized in the problem.
