No childcare place? Find out whether you could claim compensation.
Were you unable to work as planned because you had no childcare place? Or did you have to pay for alternative childcare yourself?
If certain requirements are met, you may be able to recover lost earnings or additional childcare costs. advokio Rechtsanwaltsgesellschaft assesses which claims you may have.
When might compensation be possible?
Not having a childcare place does not, on its own, entitle you to compensation. The key points are:
- Your child had a childcare entitlement during the period concerned
- You notified the responsible youth welfare office of your childcare needs in good time
- A suitable place was not provided in time
- As a result, you can prove that you lost earnings or incurred additional childcare costs
Additional requirements apply, and these differ between the two types of claim.
Lost earnings: if you could not work as planned
Did you have to postpone your return to work after parental leave or reduce your working hours because childcare was unavailable? You may have a claim for damages.
It matters whether, with a suitable childcare place, you would actually have been able to work and earn income. The financial loss must have been caused by the lack of childcare. There must also have been a culpable breach of duty by the responsible public authority.
Whether you can claim compensation, and how much you may receive, depends on what happened in your case and the evidence you can provide.
Additional childcare costs: if you arranged childcare yourself
Did you pay for a private childcare centre or a childminder because no suitable place was provided? It may be possible to recover necessary additional costs. The German legal term is “Aufwendungsersatz” (reimbursement of expenses).
The following is particularly important:
- As a general rule, the youth welfare office had already been informed of your childcare needs before you arranged the childcare yourself.
- Your child was entitled to childcare, but no suitable place was provided in time.
- You could not wait any longer to arrange childcare.
Not every private childcare arrangement is reimbursed in full. Costs that would also have arisen if a suitable place had been provided in time are generally not recoverable. The private arrangement must meet the childcare needs.
Important evidence to keep
In particular, keep:
- Registration and correspondence: when did you notify the authority that you needed childcare, and which days and hours did you request? What replies and offers did you receive?
- The gap in childcare: on which dates and at which times was no suitable place available?
- Lost earnings: payslips, planned start date at work, agreed working hours and, where relevant, confirmation from your employer.
- Childcare costs: childcare contract, invoices and proof of payment.
- Your own efforts: what other childcare options did you explore?
You do not need to upload documents for your first enquiry. The law firm discusses with you what it needs for the assessment.
What happens after your enquiry
Describe your situation
You provide the key details about your child and your situation. Sending an enquiry does not yet instruct the law firm to represent you.
Clarify possible claims and costs
The law firm assesses which claims may be possible and whether it can take on your case. The law firm explains the costs before you decide whether to instruct it.
Decide how to proceed
If the law firm agrees to take on your case and you decide to instruct it, the firm will discuss the next steps with you. It cannot guarantee compensation or a particular outcome.
What will it cost?
The initial consultation is free. Subsequent representation may involve legal fees and procedural costs. Before you instruct the law firm, it discusses with you what the proposed next steps will cost.
Do you have legal expenses insurance? Whether it covers the costs and whether an excess applies depends on your policy and confirmation of cover.
Frequently asked questions
How much compensation will I receive?
There is no fixed lump sum. What matters is the financial loss you can prove and the requirements of the particular claim. Reimbursements already received and costs you have saved may affect the calculation.
Do I have to take legal action for a childcare place first?
There is no general answer. Taking legal steps to obtain a place may be important to prevent a loss. Ask for advice in good time about which steps are necessary and appropriate in your situation.
Can I still claim compensation if my child now has a place?
This is generally possible. Obtaining a childcare place later does not automatically remove a financial loss that has already arisen. The period concerned, evidence and limitation periods must be assessed.
Can I claim both childcare costs and lost earnings?
Both may arise in one case, for example for different periods or a remaining gap in childcare. However, the same financial loss is not compensated twice.
Who has to pay the compensation?
The responsible public authority, such as the city or district, may be liable. The law firm assesses whom each claim is against and who is entitled to bring it.
Do you still need a childcare place?
Additional steps may be necessary to obtain a place. You can find information under No childcare place: what you can do now and Taking legal action for a childcare place.
Legal basis
Key legal provisions are Section 24 SGB VIII (German), the application by analogy of Section 36a(3) SGB VIII (German), and Section 839 BGB (German) together with Article 34 GG (German).
Important judgments: Federal Court of Justice, 20 October 2016, III ZR 278/15; Federal Administrative Court, 12 September 2013, 5 C 35.12 (German), and 26 October 2017, 5 C 19.16 (German).
Find out whether you can claim compensation
Lost earnings or additional childcare costs because no childcare place was available? Briefly describe your situation. The law firm assesses whether and how it can support you.
Enquire about compensationSending an enquiry does not yet instruct the law firm to represent you.