Kindergarten dispute in Rhineland-Palatinate: Court forces care!

Kindergarten dispute in Rhineland-Palatinate: Court forces care!

in Rhineland-Palatinate, an incident caused a sensation in a daycare center. A kindergarten child was excluded from visiting the facility with immediate effect. The background to this decision was the child's behavior that has been perceived as stressful, which has been visiting the daycare since 2020. The supervisors of the facility step the burden on the group as too high. The parents of the child concerned then submitted an urgent request to the Koblenz Administrative Court to enable the continuation of kindergarten visit.

The Koblenz administrative court decided that the local community must continue to leave the child in kindergarten for the time being. The court order does not refer to the question of whether the child's exclusion was justified, but makes it clear that access to the public facility must be ended by an administrative act. However, such an administrative act was not available, which is why the child is still entitled to visit the municipal daycare center. According to Kommunal.de , the municipality could file a complaint with the Higher Administrative Court of Rhineland-Palatinate.

legal background of the decision

The termination of the care contract was given by the municipality without notice due to the child's aggressive behavior. However, the court found that this termination only has any civil law effects and is therefore not sufficient for exclusion. As well as merkurist.de , the daycare center is "public-legal nature", which means that the termination is required for the termination of the usage relationship. Since it was lacking in such a thing, the administrative court's decision remains.

The administrative court's decision dated April 3, 2025 with the file number 3 L 297/25.KO. The decision -makers of the municipality were able to call this decision, but the legal dispute over the exclusion of the child will not be easy to clarify in the future.

In another context, it is worth noting that the legal regulations regarding early childhood funding in Germany often lead to disputes. This also becomes clear by the case in which the Mainz Administrative Court decided on the reimbursement of costs for the care of a plaintiff. Such judgments show how important it is to set clear boundaries and regulations in order to protect both the rights of the children and that of the supervisors. This is underpinned by various decisions from the Rhineland-Palatinate Higher Administrative Court, which represent important precedent.

In summary, it should be noted that the legal dispute over the childcare of the child in question gives an insight into the difficulties that parents, childcare facilities and courts are confronted with when it comes to the needs and protection of children.