Right is Right: How ORDINARO Enforces the Legal Claim to a Childcare Place Internationally

The legal claim to a daycare or after-school care place is anchored in law, yet the reality across German municipalities remains grim.

ORDINARO systematically and securely enforces supreme, binding case law for citizens.

Years after the introduction of this statutory obligation, countless parents still face rejections due to acute shortages in childcare placements. This ends now:e court rulings with a guaranteed success rate of at least 86% for affected families.

The State Failure in Childcare: Why Parents Still Face Uncertainty

It is an unsustainable situation that places a severe psychological and financial burden on families across Germany:

• Statutory obligation under § 24 SGB VIII ignored: For years, children from the age of one have had an enforceable, unconditional claim to early childhood development in a daycare facility or childminding service. Municipalities continuously cite staff shortages and lack of capacity. However, the claim under § 24 SGB VIII is absolute – it is not subject to a reservation of available capacity!

• Constant uncertainty: Parents often apply for a daycare or after-school care place during pregnancy, yet they still face rejections. Re-entering the workforce becomes an unpredictable risk.

• • A lottery system: Depending on the federal state and region, the allocation of places resembles a lottery. This is far from justice.

Supreme Court Milestones: The Legal Position is Crystal Clear

German supreme courts have massively strengthened parental rights over the past few years. Three landmark rulings form the bedrock of this legal enforcement:

1. No capacity reservation (BVerwG, Ref. 5 C 35.12): The Federal Administrative Court clarified that the entitlement under § 24 SGB VIII applies without limitation. Municipalities cannot excuse themselves by claiming a lack of free places or personnel. The obligation to provide care is absolute.

1. Damages for loss of earnings (BGH, Ref. III ZR 54/15): The Federal Court of Justice ruled that municipalities act in breach of their official duties if they fail to allocate a place despite timely registration. In such cases, parents are entitled to compensation for lost wages if they cannot return to work as planned due to the lack of childcare.

1. 1. Reimbursement of private childcare costs (BVerwG, Ref. 5 C 19.11): If municipalities cannot provide a regular public place, they must, under certain conditions, cover the additional costs for self-procured, more expensive private care or a childminder.

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