Children of a particular denomination cannot automatically be given priority for admission to every denominational school of their religion. Rather, the decisive factor here is which primary school is closest to the child’s place of residence. This was ruled by the Higher Administrative Court (OVG) in Münster in a decision dated 26 August 2026 (Ref.: 19 B 830/26). In doing so, the OVG revised its previous legal interpretation whilst at the same time upholding the earlier ruling of the Cologne Administrative Court. In the court’s view, neither the North Rhine-Westphalian Schools Act nor the state constitution provides for an exception to the principle of proximity to the place of residence for children attending denominational schools.

In the present case, a Catholic primary school had refused admission to a child of no religious affiliation, on the grounds that all places had already been filled. However, the headteacher had admitted six children from religious backgrounds for whom this school was not – as it was for the child who was refused admission – the nearest school.

The Higher Administrative Court has now ruled that the admissions procedure was flawed. The appeal lodged by the parents of the child who had been refused a place was therefore successful. In principle, children who belong to a particular denomination are entitled to attend a denominational primary school of their religion, provided there are still places available there. However, this entitlement applies only to the nearest primary school of the desired type. Membership of a denomination alone is therefore not sufficient to secure a place at a denominational school further afield.