No childcare place for your primary-school child?
If your primary-school child has no childcare place at all, we help you enforce their right to a suitable place. This includes Hort, OGS and other full-day provision. A Hort is a childcare centre for school-age children; an offene Ganztagsschule (OGS) is a school offering optional extended-day provision. We work across Germany, seeking a solution out of court and, where necessary, bringing a claim or applying for urgent court relief. You receive a free initial assessment during your first phone call.
New since 1 August 2026: the nationwide entitlement to full-day provision starts with first-year pupils in the 2026/27 school year. We also assess existing rights under state law.
We contact your insurer free of charge to check whether your policy covers the legal costs. Legal expenses insurance that includes the relevant administrative law cover may pay the costs. This depends on your policy and the insurer’s confirmation of coverage; you may still have to pay an agreed excess.
We carry out any further legal work only if you ask us to, after we have explained the likely costs. We need your separate go-ahead before starting this work, which is charged under the German Lawyers’ Remuneration Act (RVG). Sending an enquiry does not mean that the law firm has accepted your case.
Legal services are provided by advokio Rechtsanwaltsgesellschaft mbH.
The relevant provisions include, in particular, section 24(4) and (7) of Book VIII of the German Social Code (SGB VIII) and the applicable state law.
Sources: section 24 SGB VIII and the Federal Ministry’s information on the Full-Day Support Act.
We help when your child has no childcare place at all
Have you registered your child for care but received no Hort, OGS or full-day place? Are you on a waiting list or still waiting for a firm offer? You can tell us about those situations too. During your first phone call, you receive a free initial assessment of your case and possible next steps.
We help families throughout Germany. After the initial consultation, we discuss the next steps and likely costs with you. We provide further advice or representation only with your separate go-ahead. This work is charged under the RVG. Depending on the case, the options may include out-of-court action, a required administrative objection, a court claim or urgent court proceedings.
The aim is to enforce your child’s right to a suitable childcare place. Which provider or type of care can meet that right depends on the applicable law and circumstances.
What does this service cover?
This service is for children who have no childcare place at all. It does not cover requests for longer hours, a different provider or separate holiday care where a place already exists. Claims for the cost of alternative care or lost earnings are also separate matters.
What happens next
Tell us about your situation
Provide information about your child and your contact details. Where possible, also explain when you need care to start, what you have applied for and any responses you have received. Your enquiry is passed to advokio Rechtsanwaltsgesellschaft mbH so the firm can contact you. Make any imminent start date or running deadline clear. Sending us an enquiry does not stop a deadline from running or replace any application, administrative objection or court filing needed to meet it.
A free initial consultation by phone
You receive an initial assessment during your first call. The law firm reviews the registration and any refusal, considers the possible legal basis and responsible authority, and recommends the next step, including whether urgent proceedings may be appropriate. The initial consultation is free. We also contact your legal expenses insurer free of charge to check whether your policy covers the legal costs.
Pursue your child’s right to a place
After the initial consultation, the law firm discusses the approach and likely costs with you. The firm provides further advice and representation in or out of court only with your separate go-ahead. This work is charged under the RVG. Where necessary and legally appropriate, the firm pursues your child’s claim through a court action or urgent proceedings. The steps depend on your case and how urgent it is.
Free initial consultation and a check of your insurance cover
The initial consultation is free. You receive an initial assessment during your first phone call. We also contact your legal expenses insurer free of charge to check whether your policy covers the legal costs.
After the initial consultation, we discuss the next steps and likely costs with you. We provide further advice and representation in or out of court only with your separate go-ahead. This work is charged under the German Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, or RVG).
Do you have legal expenses insurance?
A policy with the relevant administrative law cover may pay for further work. We ask your insurer, free of charge, whether cover is available and which steps it includes. Your policy and the specific confirmation of coverage determine what is covered. You may still need to pay an agreed excess.
Fees and costs you may need to pay
What if I have no insurance or my insurer refuses cover?
The initial consultation is free even without legal expenses insurance. The law firm explains the likely fees before you decide whether to ask it to do further work. It needs your separate go-ahead before starting that work. This service does not include automatic cost coverage by advokio.
When do charges begin?
The initial consultation, including the assessment during your first call, is free. We also contact your insurer free of charge to check whether your policy covers the legal costs. Charges arise only if you give us a separate go-ahead for further advice or representation. Before you do, we discuss the approach and likely fees under the RVG with you.
New since August 2026: the nationwide right to full-day provision
A new federal entitlement to full-day provision for primary-school children took effect on 1 August 2026. It starts with children entering the first year in 2026/27 and continues from school entry until the start of the fifth year. Further cohorts are added in subsequent school years. From 2029/30, years 1 to 4 are covered.
The entitlement generally covers eight hours a day, five days a week, Monday to Friday. Lessons and provision at full-day primary schools, including optional extended-day programmes, count towards those hours. The eight hours therefore cover the whole period, including lessons.
School holidays and older year groups
What happens during school holidays?
The federal entitlement generally also applies during school holidays. Qualifying youth activity programmes can also meet it during this time. State law may allow closures of up to four weeks a year during school holidays. We assess which rules apply to your child.
My child is already in a higher year group
Even if the new federal entitlement does not yet cover your child, rights may already exist under your state’s law. We include these in our assessment. Being in an older year group therefore does not automatically rule out an enquiry.
Questions about missing full-day childcare places
Does submitting the form instruct you to start court proceedings?
No. Sending a contact enquiry does not mean the firm has accepted your case. You first receive a free initial consultation, including an assessment during your first phone call. We provide further advice or representation only with your separate go-ahead, after we have discussed the approach and costs with you.
Is the initial consultation free?
Yes. You receive a free initial assessment during your first call. We review the registration and any refusal, consider the possible legal basis and responsible authority, and recommend the next step. This includes assessing whether urgent proceedings would be appropriate.
Will my legal expenses insurance pay?
That depends on your policy and the insurer’s confirmation of coverage. Relevant administrative law cover may pay for further work. We contact your insurer free of charge to check whether your policy covers the legal costs. You may still have to pay an agreed excess or for services outside your cover.
Do I need a written refusal before I contact you?
You can enquire even if you have not received a written decision. Tell us when and where you registered your need for care and what replies you have received. Whether further applications, an administrative objection or court action are needed depends on your case.
Which documents are useful for the assessment?
Useful documents include your notification of childcare needs, registration confirmations, correspondence from the relevant authorities, any refusal notice and the date when care is needed. The firm will tell you which documents it requires. The initial contact enquiry does not include a document upload.
Does contacting you stop a deadline from running?
No. An enquiry does not replace a required application, administrative objection or court action, and it does not stop a deadline from running. If you have received a formal decision or a deadline is running, make this clear and take the necessary steps to meet it in good time.
Do I have to bring a claim first, or are urgent proceedings possible?
The right approach may be out-of-court action, a court claim, an urgent application or a combination. Urgent proceedings require, in particular, a legally sound basis for the claim and sufficient urgency. We assess which route may be appropriate for your child.
How quickly will my child get a place?
We cannot promise a fixed timescale. It depends on the starting position, the procedural steps needed, the relevant authority and the court, among other factors. When you contact us, make any urgent childcare need and running deadlines clear.
Is the legal entitlement to a full-day place new?
The federal right to full-day provision is new since 1 August 2026. It starts with first-year pupils in the 2026/27 school year and expands gradually. Depending on the state, existing rights under state law may also apply; we assess those too.
Is every primary-school child in Germany now entitled to a place?
The new federal entitlement is being introduced one year group at a time and covers years 1 to 4 from the 2029/30 school year. State law may already provide rights for older cohorts before then. The child’s year group, school year and applicable legislation are particularly relevant.
Are Hort, OGS and full-day childcare places the same thing?
The terms describe different ways of organising care. Depending on how a service is arranged, different types of provision may meet the legal entitlement. We therefore assess your child’s rights and actual care situation, rather than relying on the name of the service.
Are the eight hours of care in addition to lessons?
No. Lessons and the full-day primary school’s other provision count towards the eight hours. The federal entitlement covers the whole period.