Verdict At the age of three, I go from nursery to daycare

Administrative Court Osnabrück: Disability does not constitute an exception
At the age of three, children have to move from crèche to daycare. This also applies if the child has not yet reached the level of development of a three-year-old because of a disability, as the Osnabrück Administrative Court ruled in a rash decision of the previous day announced on Friday, 18 August 2017 (Ref .: 4 B 14/17).

Image: Oksana Kuzmina - fotolia

It rejected a boy from the district of Emsland. He has a congenital genetic defect and is therefore significantly delayed in its development.

Earlier, the boy had experienced an integrative care in a crib. On the occasion of his third birthday, the district pointed out that he now had to change to a kindergarten. The district also offered a place in an integrative kindergarten. His parents, however, wanted the boy to stay in his crib.

The application of the parents for decrees of a corresponding provisional order rejected the administrative court Osnabrück now. The Social Code explicitly distinguishes between children before and after the age of three: Previously, the child is entitled to early childhood support in a nursery, then to a day care center.

This was "a rigid age limit without exceptions", emphasized the administrative court. The fact that the child is demonstrably at the level of development of a child under the age of three can not therefore lead to an exception.

A violation of special rights for disabled people, such as the UN Convention on the Rights of Persons with Disabilities, is not in the conviction of the Administrative Court Osnabrück. mwo