After-School Care Support Refused — Your Rights

It's frustrating when your child doesn't receive the support they need at after-school care (buitenschoolse opvang or BSO) or between-school care (tussenschoolse opvang or TSO) in the Netherlands. Every child has the right to appropriate guidance, even outside school hours. As a parent, you want your child to feel safe and be able to develop. When care providers refuse or inadequately provide this support, you can take legal action under Dutch law.

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What's happening?

BSO and TSO facilities in the Netherlands must provide children with appropriate guidance tailored to their individual needs. This also applies to children with disabilities, behavioural problems, or additional care needs. Sometimes care facilities refuse this support due to cost considerations, staff shortages, or insufficient knowledge. This can lead to exclusion of your child or inadequate care. As a parent, you have the right to demand appropriate childcare for your child under Dutch law.

What does Dutch law say?

Dutch legislation protects children's right to accessible childcare. The Childcare Act (Wet kinderopvang) sets quality requirements for childcare. The UN Convention on the Rights of Persons with Disabilities prohibits discrimination. The Equal Treatment Act (Algemene wet gelijke behandeling) protects against discrimination. These laws ensure all children have the right to appropriate care in the Netherlands.

1Childcare Act (Wet kinderopvang): Childcare facilities must provide responsible care that meets the child's needs

2Equal Treatment Act (Algemene wet gelijke behandeling): Prohibits discrimination based on disability or chronic illness in service provision

3UN Convention on Disability Rights: Guarantees equal access to services and facilities for children with disabilities

What are your rights?

As a parent in the Netherlands, you have strong rights when BSO or TSO refuses to provide appropriate guidance. These rights protect your child against discrimination and exclusion under Dutch law.

1Right to appropriate care: Your child has the right to childcare that matches their specific needs

2Right to reasonable adjustments: The care facility must make reasonable adjustments for your child within reasonable limits

3Right to non-discrimination: Your child cannot be refused because of a disability or additional care need

4Right to justification: When refusing care, the facility must provide written reasoning explaining why guidance would not be possible

What can you do now?

Follow these steps to protect your rights and achieve appropriate care for your child in the Netherlands.

1Step 1: Discuss your child's needs with the supervisor or manager of the BSO/TSO facility

2Step 2: Submit a written complaint to the childcare organisation and request a reasoned response

3Step 3: Report the situation to the GGD (Municipal Health Service - childcare supervisor) if no adequate response is received

4Step 4: Seek legal help through the Legal Counter (Juridisch Loket) or a lawyer specialising in education law in the Netherlands

Template letter

MijnRecht.AI can help you draft a professional complaint letter that clearly outlines your situation and emphasises your rights under Dutch law. A well-substantiated letter increases the chances of a positive response from the childcare provider.

Where can you get help?

For problems with BSO/TSO support in the Netherlands, you can contact various institutions: the Legal Counter (Juridisch Loket) for free legal advice, the GGD as childcare supervisor, the Childcare Disputes Committee (Geschillencommissie Kinderopvang) for mediation, and in cases of serious discrimination, the courts or the Netherlands Institute for Human Rights (College voor de Rechten van de Mens).

Conclusion

Don't be discouraged if the care facility initially refuses. With the right legal steps under Dutch law, you can often still achieve appropriate guidance. Your child has the right to quality care in the Netherlands, and you're entitled to advocate for that.

Frequently Asked Questions

Can the BSO refuse my child because of additional support needs?

Do I have to pay extra for special guidance?

What if the care facility says they don't have suitable staff?

How long does the care facility have to respond to my complaint?

Can I claim compensation if my child is refused?

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