Langen bei Bregenz faces debate over childcare late fees

The municipality of Langen bei Bregenz in Vorarlberg is facing debate over its policy of fining parents who arrive late to pick up their children from childcare centers. Under current local rules, parents must pay 10 Euro for every 15 minutes of delay. Additionally, families who register a child but fail to bring them without providing a medical certificate are charged between 10 and 15 Euro.

Vorarlberg State Ombudsman Klaus Feurstein has criticized the practice, describing it as an “arbitrary disadvantage” for parents. However, constitutional and administrative law expert Peter Bußjäger suggests that such penalties may be legally permissible as long as they are proportionate. Bußjäger notes that a contractual relationship exists between the municipality and the parents, and including penalty clauses for contract violations is not fundamentally problematic.

Bußjäger emphasizes that the fines must not be disproportionately high and should account for circumstances beyond a parent's control. He also clarified that while fines may be applied, municipalities cannot legally deny childcare spots to children based on a parent's past tardiness, as the Child Education and Care Act mandates that municipalities provide sufficient childcare services.