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Toddler playing (symbolic image): District can appeal against the verdict
Photo: Catherine Falls Commercial/Getty Images
Can a childminder be denied permission to look after children because she is associated with the right-wing extremist scene?
The administrative court in Schwerin said no to this question on Thursday and thus agreed with the childminder.
(Ref.: 6 A 1813/19)
The plaintiff had applied for a permit from the district of Ludwigslust-Parchim.
The defendant authority refuses, arguing that the plaintiff has connections to the NPD.
Working as a childminder is opposed by the fact that damaging ideological influence on the children to be cared for cannot be ruled out.
She first pointed out that the plaintiff's husband was a member and official of the NPD and later that the plaintiff herself belonged to the right-wing extremist scene.
The court now had to decide whether the plaintiff could be required to provide a "sufficient guarantee for child day care that corresponds to the model of the free democratic basic order" and if so, whether the plaintiff lacked this.
Legal basis is missing
The administrative court ruled that there was no provision for requiring childminders to comply with the same rules as for daycare workers.
In contrast, this is stipulated by law for providers of child day-care facilities.
The proximity to the NPD or the affiliation to the right-wing extremist scene are therefore not permissible as a reason for the failure of the permit.
The authority must now decide again on the applicant's application, taking into account the opinion of the court, the administrative court announced.
The decision is not yet final, the district can file an appeal with the Higher Administrative Court of Mecklenburg-Western Pomerania.
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