Children with integration needs are also entitled to a daycare centre place

Franziska Wilke | Dr Beate Schulte zu Sodingen

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17.03.2025

Youth welfare organisations are obliged to provide a child with physical or mental disabilities with a kindergarten place that meets their needs. This is the result of an urgent decision by the Administrative Court of Hanover (Ref.: 3 B 581/25 of 13 March 2025). Children with integration needs are also entitled to support in a daycare centre from the age of 3 until they start school (Section 24 (3) sentence 1 of Book 8 of the German Social Code, SGB VIII); this applies regardless of whether such a place is available at all. A mere acknowledgement of costs by the Department of Participation and a reference to the independent procurement of the service would not fulfil this requirement.

 

The parents of a four-year-old child with early childhood autism had filed a lawsuit. The parents had unsuccessfully tried to find a suitable childcare place for their child themselves and now asked the youth welfare organisation and the city to allocate them a suitable place. As the decision also states, the claim can also be asserted in summary proceedings, although a place can now be provided in summer 2025. Every day that passes shortens the child's entitlement to early childhood education, the court argued.

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