Verdict City Munich has to pay expensive self-procured Kita-Platz

VGH Munich: 1,380 euros per month are not a luxury
(Jur). The city of Munich has to pay parents the costs for a self-procured private day-care center in the amount of 1,380 euros per month. If the municipality can not offer parents a suitable day-care center or day care, the parents should look for a private institution, the Bavarian Administrative Court (VGH) in Munich in a judgment published on Thursday, 18 August 2016 clear (Ref .: 12 BV 15719). An "exaggerated luxury offer" was not procured by the parents Kita Square in Munich, said the VGH.

In the specific case, the mother had registered on 25 September 2013 for her two-year-old child at the city of Munich a full-time care place in a day care center or with a childminder. She will move to Munich in November and will need full-time care from 7:30 am to 8:00 pm to 4:00 pm on Monday, April 1, 2014.

Picture: drubig-photo - fotolia

Although the city offered free places for a total of six day caregivers, the mother refused. The day care offers would either close too early or would not be open Friday. After further refusals by various urban institutions, the parents of the child finally organized a private daycare place

However, the city of Munich did not want to pay the monthly costs of 1,380 euros. These are much too high. In the kindergarten "excessive luxury" is offered, which is dispensable.

However, the VGH committed the city in its judgment of 22 July 2016 to the reimbursement. Parents have a legal right to take care of their child in a day care center or with a day mother. The municipality can not claim that the places are too short.

The city also had to treat all entitled parents equally. It should not offer some a cheap public kindergarten place, other parents on the other hand refer to less favorable facilities of free carriers or even "considerably more expensive" facilities of private carriers. Parents would have to pay for the Kita-Platz a contribution to the costs - in Munich staggered according to the income conditions. This should not be different in public and private day-care centers.

Also, the Kita-Platz must be reached from the place of residence of the child "in a reasonable time". Desirable here is a "walking distance". But it is also the use of public transport or by private car reasonable. Which distance is reasonable, can not generally be determined. In the specific case, however, the mother had been offered an unreasonable facility. Here the mother would have taken a total of two hours a day in rush hour to bring her child to the daycare center and pick her up there.

It is correct that municipalities do not have to pay for a "luxury daycare". However, this is not the case here with costs of 1,380 euros per month. Especially in Munich there are particularly high building costs. The hourly rate in the private day-care center amounts to only eight euros. From an exaggerated luxury offer can not be assumed. Finally, the parents had had no choice and were dependent on the daycare place.

The revision to the Federal Administrative Court in Leipzig was admitted because of fundamental importance. The VGH still has five other comparable cases pending. fle / mwo