Taking legal action for a childcare place: we cover the costs.

The statutory childcare entitlement can generally be enforced in court. For children from their first birthday until their third birthday, a nursery or childminding may be an option. From their third birthday until they start school, children generally have an entitlement to a kindergarten place; childminding may be available for particular needs or as additional care.

The appropriate steps depend on factors including age, childcare needs, registration and offers received so far. The law firm assesses whether a court claim is an option in your case.

Section 24(2) and (3) SGB VIII (German)

You do not need a written refusal to make an enquiry. You can also contact us if you have not received a reply or your child is on a waiting list.

What matters is when you notified an authority of your childcare needs, and which authority you contacted and what has happened since. This determines which further steps need to be considered.

We cannot pursue a court claim for a place at a particular preferred childcare centre. What matters is a place that provides the childcare your child is legally entitled to.

For children under three, a suitable offer of childminding can also provide the childcare your child is legally entitled to. The law firm checks, in particular, childcare hours, accessibility and the childcare needs you notified the authority about.

Federal Administrative Court, judgment of 26 October 2017 — 5 C 19.16 (German)

Yes. The size of the place where you live does not prevent you from enforcing the childcare entitlement in court. Responsibility lies with the public youth welfare authority designated under the law of the relevant German federal state; this need not be your municipality.

The law firm checks which authority needs to be pursued in your case. You do not need to establish this yourself before making an initial enquiry.

Section 69 SGB VIII (German)

The claim is brought against the responsible youth welfare authority. That authority selects the place. The law firm does not communicate with the childcare establishment during the proceedings.

The offer must provide the childcare your child is legally entitled to. If the offered place does not provide the childcare your child is legally entitled to, the claim continues.

Your enquiry and initial consultation are free. If advokio UG agrees to cover the costs after reviewing your case, it pays all costs of that approved stage.

After reviewing your case, advokio UG may agree to pay all costs of the relevant stage. If the case is successful, the costs are reimbursed to advokio UG.

advokio Rechtsanwaltsgesellschaft mbH provides legal advice and representation.

Court action to obtain a childcare place is often covered by legal expenses insurance. Whether your insurer provides cover depends on your policy and the individual case. If you have insurance or have already received a decision about cover, mention this in the initial consultation. advokio Rechtsanwaltsgesellschaft can also ask your legal expenses insurer whether it will cover the claim, free of charge.

Section 125 VVG (German)

If a childcare place is urgently needed, urgent proceedings for interim relief may be an option. They seek an interim court order. The law firm checks whether the requirements are met in your case.

Tell us when childcare is needed, for how many hours and whether you have already received an official decision. If advokio UG agrees to cover the costs of these urgent proceedings, it pays all costs of that approved stage.

Sending an enquiry to advokio does not replace any legal action needed to meet a deadline, and it does not stop time limits from running.

Section 123 VwGO (German)

The duration depends, in particular, on the urgency, the information available, the response of the responsible authority and the court proceedings.

• Urgent proceedings for interim relief: these seek an interim arrangement where childcare is urgently needed.
• Main proceedings: the court decides whether your child is entitled to the childcare you are seeking.

Tell us your desired childcare start date and about any letters you have received. This helps the law firm assess the appropriate course of action.

The law firm provides the agreed legal representation. The court can order you to attend in person.

If your personal involvement is required, the law firm discusses with you what you need to do.

Section 95 VwGO (German)

advokio Rechtsanwaltsgesellschaft mbH provides legal advice and representation. advokio UG (haftungsbeschränkt) operates the portal and decides whether to cover the costs.

Legal representation is generally not compulsory before the Administrative Court. If you represent yourself, you are responsible for applications, deadlines and complying with the court’s requirements.

A lawyer can help assess the legal position, prepare applications and communicate with the court. Different representation rules may apply to appeals.

Section 67 VwGO (German)

Yes. The service for taking legal action to obtain a childcare place is available to families throughout Germany.

advokio UG decides whether to cover the costs after reviewing your case.

Claims for compensation may be possible if additional requirements are met, for example if a lack of childcare has caused lost earnings. You are not automatically entitled to compensation simply because no place was provided or your court claim was successful.

The childcare entitlement and any compensation claims must be assessed separately. Cost coverage for additional proceedings also requires a separate decision by advokio UG.

On lost earnings: Federal Court of Justice, judgment of 20 October 2016 — III ZR 278/15; Section 839 BGB (German) together with Article 34 GG (German).

The youth welfare authority selects a childcare place. The law firm checks whether the offer meets the requirements of your child’s childcare entitlement and the court’s decision.

If the offered place does not provide the childcare your child is legally entitled to, the claim continues. If a court decision needs to be enforced, further court steps may be possible depending on that decision, such as an application for a coercive fine. The law firm discusses the next steps with you. advokio UG decides whether to cover the costs of further steps.

Section 172 VwGO (German)