Kindergartens - Kitastreit: Compulsory payment against the city of Münster is legal
The Administrative Court of Münster has rightly threatened the city of Münster with a penalty payment of 2,500 euros to enforce a judgment in the dispute over a daycare place. This was announced by the Higher Administrative Court in Münster on Friday. The ruling concerned the entitlement of a child born in October 2022 to a place in a daycare center. The decision cannot be appealed (case reference: 12 E 832/23).
The city had referred to the lack of childcare places. In the opinion of the NRW-OVG, however, the city did not adequately explain why it was unable to fulfill its obligation. In principle, the city must exhaust all possibilities available to it in order to provide the child with a childcare place. It was also not clear what standards the youth welfare office used to search for free places.
Communication from the court
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- The city of Münster now faces an additional administrative burden, as they must pay the 2,500 euro penalty to the Administrative Court in Münster due to their failure to adequately explain the lack of available kindergarten places.
- The ruling of the Administrative Court in Münster highlights the importance of fully implementing obligations, especially in the context of forced money payments related to KINDERGARTENS and daycare places in North Rhine-Westphalia.
- Justices in the Administrative Court of Münster emphasized that the city should have exhaustedly explored all available options for providing a daycare place, failing which they could be held accountable through enforcement procedures.
- The controversial "Kitastreit" between the city of Münster and a parent over a daycare place for a child born in October 2022 underscored the necessity of upholding justice and adhering to legal obligations in enforcement of KINDERGARTEN rights in North Rhine-Westphalia.
Source: www.stern.de
