– No parent or child should feel insecure about having their kindergarten place terminated on the basis of asking a few questions, says the Labor Party’s education policy spokesperson Elise Waagen to news. She reacts strongly to the case of the parents from Åsgårdstrand who have their nursery place terminated citing cooperation problems and a lack of trust. REACTS: The Labor Party’s Elise Waagen believes there is reason to consider rule changes relating to the termination of places in private kindergartens. Photo: Eirik Pessl-Kleiven / news – I have never heard of anything like this before. But then I realize based on the comments and input we have received during the day, that several parents have experienced being in similar situations, says Waagen. She represents the negotiations on a new kindergarten settlement at the Storting. There, the framework will be laid for a completely new kindergarten law. Rødt has already announced that the case from Åsgårdstrand will be the subject of these talks. Rule changes Waagen says the Kindergarten Act currently regulates admission to kindergarten, but not questions related to the termination of the place. – Today, this is not necessarily clarified in the Kindergarten Act with regulations. And with the feedback we have now received following news’s case, we have a need to investigate whether we need to make any changes here. – What do you think needs to be done? – This is a situation that I have not come across before. Now we will do this job properly to see if there is a need to make changes to the regulations, she says. – Is there a risk that parents are reluctant to report objectionable conditions for fear that the child will lose their place? – At least we can’t have it that way. – About half of Norwegian children go to private kindergartens, which receive subsidies from the public to offer statutory services. Is it relevant to withhold grants? – We must first get to the bottom of this, and then assess what kind of measures we need. For the vast majority, this works well. But now it turns out that situations can arise where it doesn’t work well, and then we have to have regulations that take that into account as well. The Conservative Party wants a review The Conservative Party’s Kari-Anne Jønnes believes the government must review laws and regulations to prevent similar cases like the one in Åsgårdstrand. – On a general basis, I can say that in all actions and decisions concerning children in kindergarten, the child’s best interests must be a fundamental consideration. This applies regardless of whether the nursery is publicly or privately run, she says. DISAPPOINTED: Brage and Mari Bergåker believe that critical questions regarding the management of the kindergarten are the reason why their daughter is now losing her place. Photo: Eirik Pessl-Kleiven / news – This is a case I have not come across before, so I both believe and hope this is not something that happens to many children, says KrF’s Kjell Ingolf Ropstad. – I cannot enter into a concrete conflict between a nursery school and a family, but on a general basis it should not be uncertain whether the children have a place in the nursery school or not, he says. Hege Bae Nyholt in Rødt Photo: Eirik Pessl-Kleiven / news Rødt’s Hege Bae Nyholt, who heads the education and research committee at the Storting, believes the case shows that children in private kindergartens have “shockingly poor legal protection”. She says this could not have happened in a municipal nursery school, where the right to appeal is subject to the Public Administration Act. – Now we have to make sure that this is included in the Kindergarten Act. It cannot be the case that children in municipal daycares have different legal security than children in private daycares, she says. The parents want the daughter to continue in the nursery, where she thrives with friends and safe carers. Photo: Eirik Pessl-Kleiven / news Can’t intervene Silvia Christoffersen owns the private kindergarten in Åsgårdstrand. She does not wish to comment on this case, but has previously referred to the kindergarten’s response to the parents’ lawyer, which news has gained access to. There, the kindergarten writes that the parental cooperation over a long period of time has created a poor psychosocial working environment for the employees. It also states that the dismissal is linked to “lack of trust over a long period of time”. Christoffersen believes she has every right to cancel the two-year-old’s place. But the parents, through their lawyer, have rejected this – and stated that the decision is invalid. In any case, the municipality can do nothing but offer the family a new nursery place when the notice period expires on 1 December. POWERLESS: Horten municipality cannot do anything about the case, according to director of education Are Karlsen. The reason is that the relationship between the nursery school and the parents is of a private law nature. Photo: Eirik Pessl-Kleiven / news – We have been in contact with the state administrator, with KS’ lawyer and the Directorate of Education. They are clear that there is a private law dispute between the nursery school and the parents. So what we can and, of course, want to do is to ensure that the child gets a nursery place, says head of education Are Karlsen in Horten municipality. – What do you think about it? – I will not go into the private law dispute, but I think it is very sad that a child becomes the victim of a conflict between adults. PBL on termination of kindergarten places in private kindergartens – What right does a private kindergarten have to terminate a place in this way? – Kindergartens have the right to terminate an agreement on a kindergarten place if there is a significant breach, but consideration of the best interests of the child will always be most important in the assessments made by the kindergartens. The Kindergarten Act has several provisions which emphasize the necessity for the nursery and the home to work together to look after the child’s needs. If the guardian opposes contributing to a constructive collaboration with the nursery school, it can in rare cases result in the nursery school being unable to fulfill its duties in accordance with the Kindergarten Act. In such cases, termination of a nursery place could be the very last resort. – What grounds can possibly be used to cancel a child’s nursery place? In practice, there are two types of cases that occur again and again when a nursery school considers dismissal. One is payment default, and the other is insurmountable cooperation problems with parents. For example, cases with insurmountable cooperation problems may be about employees being repeatedly threatened or harassed by guardians, or that guardians fail to contribute to constructive cooperation in the best interests of the child. Technically, the justification is that one party in a contractual relationship puts the other party in a position to fulfill its part of the agreement. – Does PBL know of cases where children have had their place canceled in this way? If so, how common is this? – Yes, we know of such cases, but it is very unusual. Terminating an agreement on a nursery place is something that is very much in the back of everyone’s mind in the sector. Consideration for the child will always weigh heavily, and the vast majority of cases where termination is considered are resolved without this last resort being used. Compared to how many children attend private kindergartens, cancellations of places constitute a very marginal number. Published 29/10/2024, at 08.52
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