No daycare place? Your legal claim from the 1st birthday
You need a childcare place, but the town has none available? You are not powerless: from the first birthday, every child has a legal claim to a childcare place. The municipality must provide you with a reasonable place.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Assert your claim →Your chances of getting your money back
What you should do now
- 1
1. Register in good time and in writing
Register the need early and in writing with the youth welfare office/provider and get confirmation of receipt.
- 2
2. Get the refusal / non-provision in writing
If you do not get a place, demand a written notice; you need it to enforce the claim.
- 3
3. Assert the claim
Ask the municipality, referring to § 24 SGB VIII, to provide a reasonable place, with a deadline.
- 4
4. Consider an urgent application
If nothing changes, an urgent application to the administrative court can help quickly. Get advice.
Frequently asked questions
From when do I have a right to a daycare place?
From the child's completed first year of life there is a legal claim to a childcare place in a daycare facility or with a childminder (§ 24 SGB VIII). The municipality must provide a reasonable place.
Do I get compensation if I cannot work because of it?
That is possible. Courts have awarded parents compensation for lost earnings when the municipality did not provide a place despite timely registration and they therefore could not work. The timely, written registration and the evidence are important.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.