Administrative Court Osnabrück: Disability is no exception
At the age of three, children have to change from crèche to daycare. This also applies if the child has not yet reached the level of development of a three-year-old due to a disability, as the Osnabrück Administrative Court ruled in a rush order published on Friday, August 18, 2017 from the previous day (Az .: 4 B 14/17).
It rejected a boy from the Emsland district. It has a congenital genetic defect and is therefore significantly delayed in its development.
The boy had previously received integrative care in a crèche. On the occasion of his third birthday, the district indicated that he now had to switch to a kindergarten. The district also offered a place in an integrative kindergarten. However, his parents wished that the boy could stay in his crib.
The administrative court of Osnabrück has now rejected the parents' application for a corresponding provisional order. The Social Code explicitly differentiates between children before and after the age of three: before that, the child was entitled to early childhood support in a crèche, then to a day care center.
This is "a rigid age limit with no exceptions," emphasized the administrative court. The fact that the child is demonstrably at the level of development of one under three years of age cannot therefore lead to an exception.
According to the Osnabrück Administrative Court, this does not constitute a violation of special property rights for disabled people, such as the UN Disability Rights Convention. mwo