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OVG Berlin: State must create capacities
If there are no daycare places, municipalities cannot talk themselves out of the lack of educators. Cities and municipalities are legally obliged to create the necessary capacities for early childhood care, the Higher Administrative Court (OVG) Berlin-Brandenburg decided in two recently announced decisions of March 22, 2018 (Az .: OVG 6 S 2.18 and OVG 6 S 6.18) . The Berlin judges thus contradicted the opinion of the Berlin Administrative Court, according to which parents cannot enforce a right to a place in a daycare center even in the express procedure.
In the two specific cases, parents from the Berlin districts of Pankow and Friedrichshain-Kreuzberg unsuccessfully applied for childcare at a reasonable distance from their home.
The country justified the lack of capacity among other things with the shortage of skilled workers.
The administrative court had rejected the parents' applications for a daycare place due to the lack of daycare staff; this cannot be changed in the short term (see parallel decision of February 21, 2018, file number: VG 18 L 43.18; JurAgentur announcement of February 28, 2018). In one case, the court also assumed that a daycare place was "proven at a reasonable distance from the apartment".
However, the OVG now obliged the state to provide the applicant parents with a day care center place close to their home within five weeks. The Berlin judges pointed out that the state was not only legally obliged to offer existing daycare capacities to parents, but also to create the necessary capacities. "A shortage of skilled workers and other difficulties do not release us from the legal obligation to offer children who want to take advantage of early childhood care a childcare place that meets their individual needs."
The administrative court also wrongly assumed that in one case a day care center space would be available at a reasonable distance. This is well over 30 minutes by public transport and is not on the way to work from parents. fle / mwo