A mother exasperated by the lack of places in crèches rejected by the courts

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The administrative court of Montreuil disavowed a mother who had been refused a place in a crèche at Montreuil (Seine-Saint-Denis) in July 2022 for his son, now 4 years old. She had requested a place for her child and the city's Admission Commission for Reception Modes (CAMA) which met on May 13, 2022. She then learned “lately”, on the following July 4, that his request had been rejected.

An impact “on his quality of life and that of his children”

The mother therefore took the case to court to overturn this decision which had “consequences” on her life. Failing this, she wanted the court to pronounce a “stay of proceedings” while waiting to be “communicated” to the “report” of the CAMA and the “anonymized requests for allocation” of nursery places.

The decision suffered from a “manifest error of assessment”, from his point of view, since the CAMA had “not examined his request” for allocation of a place “in sector 3”. This had an impact “on her quality of life and that of her children”, she explained to the Montreuil administrative court.

However, “the applicant maintains without establishing it that she made a request for the allocation of a place in a crèche in three sectors (…) and that her request in sector 3 was not examined”, notes the administrative court of Montreuil in a judgment dated October 2, 2024 and which has just been made public. She in fact “did not produce a copy of her request” and therefore did not establish “having requested a place in a daycare center in sector 3”.

On the merits, “CAMA examined forty applications falling within the age range of the applicant's son while only twelve places were available”, reframe the administrative judges. However, “no” element in the file allows it to be established that the municipality committed “a manifest error of assessment” in estimating “after examining the thirty-nine other applications” that there was no longer any place available.

“Without any need to stay the proceedings”, the mother’s request was rejected. The latter has until December 2, 2024 to appeal the judgment, even if her son is now of school age: she will still be able to request compensation in the event of victory.

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