The right to a childcare place: what changed in 2026/2027

Last checked against the official sources: 29 August 2026

A child’s right to a childcare place is not a municipal favour but an entitlement set out in Section 24 of Book VIII. What is new this year is that the entitlement no longer stops at school entry: a child starting year one in the 2026/2027 school year has a right to day care until the start of year five — eight hours on every working day.

The three distinctions that decide what you are owed

First: “is to be” against “has a right”. For a child under one, the text grants no unconditional right; it says the child is to be supported where one of two grounds applies: the care is needed for their development into a self-determined, self-responsible and community-capable person, or the guardians fall within one of the listed situations. From the completed first year, the text grants an express entitlement.

Second: day facility against childminding. Between one and three the entitlement covers both — a day facility or childminding care. After three, the entitlement is stated as support in a day facility, with childminding remaining possible on special need or as a supplement, not as an automatic substitute.

Third: the single guardian. The statute provides expressly that where the child lives with only one guardian, that person takes the place of “the guardians” in applying the conditions. A single mother who works or is seeking work therefore satisfies the condition by herself, and nothing is asked of her that is asked of a couple.

And a point that is always missed: the daily extent of care follows individual need. The entitlement is not merely to “a place” but to a place for a duration that fits your situation — someone working full time does not have the same need as someone working a few hours.

The new entitlement: eight hours until year five

This is the most important addition to the provision, and it begins this school year. A child attending year one in the 2026/2027 school year or later has a right to support in a day facility from school entry until the start of year five, to the extent of eight hours daily on working days.

But read the next sentence carefully, because it decides what you actually receive: the entitlement counts as fulfilled to the extent of lessons and of the offerings of all-day primary schools, including open all-day primary schools. School hours themselves therefore count towards the eight hours rather than being added to them.

During school holidays the entitlement likewise counts as fulfilled where youth-work offerings are provided by a public body or a recognised voluntary youth-welfare body. And state law may provide for a closing period of up to four weeks a year during the school holidays.

Finally: anything beyond the eight hours is not left to chance — the statute requires a needs-based offer to be kept available above that extent, again measured by individual need. And where a child falls outside this new entitlement, the provision requires a needs-based offer for them as well.

Two duties on the authority you can invoke today

Most parents hunt for a place themselves, across websites and phone calls, without knowing that the statute places an express duty on the authority.

Section 24 provides that the public youth-welfare bodies, or those they commission, are obliged towards parents who wish to use these services to do two things: inform them of the places available in the local catchment area and of the facilities’ pedagogical concept, and advise them on the choice. You can ask for this in writing instead of searching alone.

There is a duty running the other way: state law may require guardians to notify the competent body within a set period before the intended start. That deadline is the commonest way a childcare place is lost in Germany — not through a shortage of places but through late notification.

One last point opens a wide door: the provision states that more extensive state law is unaffected. Your Land may give you more than the federal text does — the federal text is the floor, not the ceiling.

How to secure the place

1. Identify which paragraph covers your childUnder one, one to three, three to school entry, or year one and above. Each band is worded differently and carries different rights.
2. Ask about your Land’s notification deadline today, not tomorrowState law may require notice a set period before the intended start, and missing it loses the place regardless of availability.
3. Request the information and advice in writingThe authority is obliged to inform you of available places in your catchment and of the pedagogical concept, and to advise you on the choice — ask for it as a duty, not a courtesy.
4. State your daily need in hoursThe extent of care follows individual need, so set out your working pattern and travel times instead of leaving the estimate to someone else.
5. If you are the only guardian, say so expresslyThe statute puts you in the place of “the guardians” when applying the conditions, so your situation is not measured against a two-parent household.
6. For a primary-school child, count school hours within the eightThe entitlement counts as fulfilled to the extent of lessons and all-day offerings, so ask for what completes the eight hours, not what doubles them.

Frequently asked questions

From what age is a child entitled to a childcare place?

The express entitlement begins on completing the first year and runs to the completed third year in a day facility or childminding care, then from three until school entry in a day facility.

What about a baby under one?

The text grants no unconditional right, but requires care where it is needed for the child’s development or where the guardians work, are taking up or seeking work, are in education, or receive work-integration benefits.

What is the new entitlement for primary-school children?

A child attending year one in the 2026/2027 school year or later has a right to support in a day facility from school entry until the start of year five, to the extent of eight hours daily on working days.

Are the eight hours added to school time?

No. The entitlement counts as fulfilled to the extent of lessons and the offerings of all-day primary schools, including open all-day schools.

And during school holidays?

The entitlement counts as fulfilled where youth-work offerings are provided by a public or recognised voluntary body, and state law may provide for a closing period of up to four weeks a year during the holidays.

How many hours a day does the entitlement cover?

The daily extent follows individual need, so set out your working pattern and circumstances in the application rather than simply asking for “a place”.

Must the authority help me search?

Yes. The bodies are obliged to inform parents of the places available in the local catchment area and of the facilities’ pedagogical concept, and to advise them on the choice.