In one sentence
From the completion of their first year of life, every child has a legally enforceable entitlement to early-years care in a daycare centre (Kita) or with a registered childminder — you don't have to accept a rejection; you can respond to it with an objection and, if necessary, the administrative court.
The legal entitlement from the first birthday
The entitlement is set out in the statute: under Section 24 SGB VIII, a child is entitled to early-years care in a daycare facility or with a registered childminder from the completion of their first year of life. This entitlement to a childcare place from age one is directed against the local child and youth welfare authority — typically your city or district (Landkreis).
What matters: the entitlement is unconditional. A local authority saying it has "no places available" doesn't release it from its obligation. If demand isn't covered, it's the authority — not the parents — that must prove a reasonable place is available. So if your application for a Kita place was rejected, the first question isn't "do I have an entitlement?" but "how do I enforce it?"
Objection: one month — usually
If the rejection notice includes information on your right to appeal (Rechtsbehelfsbelehrung), you have one month from receipt to file an objection. If this notice is missing or incorrect, the deadline extends to one year. Even so: don't wait.
The objection should include:
- Your details and the notice's reference number
- A clear statement that you're objecting to the notice dated [the relevant date]
- A reference to the legal entitlement under Section 24 SGB VIII
- A demand that your child be assigned a reasonable place
The objection goes to the authority that issued the notice; the address is given in the appeal-rights notice. An objection to a Kita decision doesn't need a complicated template — it just needs to be clear, timely, and in writing.
If the objection isn't enough
If the authority remains inactive, the next step is the administrative court. Because a childcare place doesn't allow for delay, the urgent application (einstweilige Anordnung, an interim injunction) is the usual remedy — it forces the local authority to provide a place at short notice. If necessary, the legal entitlement to a Kita place can be enforced through the courts this way.
And the financial damage? Anyone who can't work because of the missing place quickly considers a claim for compensation for lost earnings over a Kita place. Courts have repeatedly ruled that compensation for lost earnings generally comes into consideration if the local authority is culpably in breach of its duty. That's not automatic and depends on the individual case, but it's a genuine source of leverage.
Assess the notice, draft the objection
So you don't start from scratch: upload the rejection notice to SmartLegalPro and have it assessed. The 60-second initial assessment, no account required, shows you whether the deadline, jurisdiction, and reasoning are correct. You then draft the objection using the letter assistant — structured, with a reference to the deadline and the right tone. 10 free credits are available when you register. If the case becomes complex, hand it over to a pre-qualified law firm with one click. SmartLegalPro doesn't replace legal advice, but it takes the first — often decisive — step off your hands.
Act smart in parallel
Being in the right and actually getting your right are two different things. So act on several fronts at once:
- Document your search: Note down every enquiry, every rejection, every date. These records later show that you made a genuine effort.
- Childminder as a bridge: A place with a registered childminder also satisfies the entitlement and is often available faster as a stop-gap solution.
- Keep it in writing: Communicate with the youth welfare office (Jugendamt) by email or letter, not just by phone. What isn't in writing barely exists if there's a dispute.
What should you do if your Kita application is rejected? Observe the deadlines, name your entitlement, document everything — and step up the pressure stage by stage.
