Statutory entitlement to childcare: Not an all-inclusive package

Leaning back and waiting – the daycare place is surely guaranteed? Unfortunately, the legal entitlement to care does not work like that. Although it is formally a facilitation when searching for a suitable daycare place, in practice it only relieves parents minimally: parents still have to take the initiative and arrange a daycare place as early as possible and, if necessary, look for alternative options, such as a more distant daycare center, a childminder, or another private facility.

The legal entitlement therefore primarily regulates the financial aspects: if parents incur higher childcare costs because there is no place available in a public nursery or daycare center, the municipality covers these additional costs.

Childcare places provided by the municipality must be accepted

Although every child from the age of one has a right to a place of care, attendance is not mandatory – the legal entitlement does not change that. Of course, parents can still choose the nursery or daycare that best suits their child and their working hours. However, there is no guarantee that they will get a place in that facility. If another suitable place of care is available in the municipality, parents must use it. If they do not, the entitlement to care lapses.

The most important questions about the legal entitlement to childcare

1. Does the legal entitlement apply only to working parents?

The entitlement to care applies to every child living in Germany from their first birthday, regardless of the parents' employment status.

2. Am I entitled to a place in the nearest daycare center?

No. The statutory entitlement only requires that the daycare center be within a reasonable distance. A place in the local daycare or in your preferred nursery is therefore not guaranteed by the legal entitlement – only early registration, ideally at several facilities, helps here.

3. For how many hours of care does the legal entitlement apply?

How many hours a child must be cared for per week at a minimum is not specified in the childcare law. At least part-time care must be available, but not only working parents can make use of full-time care for their children. In practice, daycare centers usually handle it so that working parents are given preference when allocating full-time places – the remaining full-time places are then also available to families in which a parent is at home.

4. How far away from home may the nursery or daycare place be at most?

According to the law, the daily journey to the daycare must be “reasonable” for parents and children – this can certainly apply to a travel time of half an hour. There are no exact kilometer or time figures – but the accessibility of the daycare and the parents' working hours also determine whether the commute is reasonable or not.

5. How do I sue for a nursery or daycare place?

A prerequisite for legal proceedings is rejections from all available public kindergartens. Only when you can prove in writing that no daycare place is available can you assert your entitlement to care in court. In this case, the municipality covers the additional costs for care by a private daycare or a childminder. To speed up the process, you should in any case arrange a private childcare option before filing the lawsuit – the costs will, if necessary, be reimbursed retroactively.

6. How much does a lawsuit for a daycare place cost?

If you are successful with the daycare-place lawsuit, no costs are incurred. If the lawsuit fails, the parents bear the court costs and attorney's fees if they hired a lawyer. This can cost between 500 and over 2,000 euros.

7. Can I claim my loss of earnings?

If parents and the municipality have exhausted all options for public or private care and there is demonstrably no suitable place of care available for a child, parents may in the worst case be forced to put their job on hold or to extend parental leave. They can legally claim the loss of earnings as compensation through official liability.

Image credits:

Chalkboard with the word 'daycare' and a heart, colorful chalk on wood © M.Dörr & M.Frommherz - stock.adobe.com

Judge's gavel, law book and scales of justice close-up © Alex - stock.adobe.com