CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN
PART III
PART II
PART I
1.
Compensation of a kindergarten place in Uuesalu kindergarten in Kiili rural
municipality
Based on a petition from individuals, the Chancellor verified whether it is possible to ask an
additional fee from parents of children in Rae rural municipality who attend a kindergarten
in Kiili rural municipality, if Rae municipality does not compensate to Kiili municipality the full
extent of the cost of the kindergarten place for these children (Compensation of the cost of a
kindergarten place in Uuesalu kindergarten of Kiili rural municipality, case No 7-5/100748).
The Chancellor reached the conclusion that Kiili municipality cannot demand a higher fee
from parents of children residing in Rae municipality and attending Uuesalu branch of Kiili
kindergarten than the fee taken from parents of children residing in Kiili municipality, i.e. a
higher fee than prescribed by Kiili rural municipality administration regulation adopted under
§ 27(7) of the Pre-school Child Care Institutions Act (“The rate and procedure for the payment
of the fee paid by a parent in Kiili Kindergarten”). Thus, Kiili rural municipality cannot demand
that the petitioners should pay the difference between the cost of the kindergarten place
established by Kiili rural municipality administration and the cost compensated in practice by
Rae rural municipality.
In addition, the Chancellor concluded that Rae rural municipality, in turn, is obliged under § 27(6)
of the Pre-school Child Care Institutions Act to compensate to Kiili rural municipality the cost
of the kindergarten place of children from Rae municipality who attend Uuesalu kindergarten
(management costs, staff remuneration and social tax, and the cost of teaching aids).
As a result of the proceedings, the Chancellor recommended to Rae rural municipality
administration to pay to Kiili rural municipality, under § 27(6) of the Pre-school Child Care
Institutions Act, the proportional share of the maintenance costs, staff remuneration and
social tax and the cost of teaching aids for the children of Rae municipality attending Uuesalu
kindergarten. The Chancellor also recommended to Kiili rural municipality administration not
to request from parents of children of Rae municipality attending Uuesalu kindergarten the
payment of the difference between the cost of the kindergarten place established by Kiili rural
municipality administration and the cost compensated in practice by Rae rural municipality.
In response to the Chancellor’s recommendation, Rae rural municipality replied that the dispute
has been resolved and Rae municipality would pay to Kiili municipality the kindergarten fee for
children attending Uuesalu kindergarten as required under § 27(3) and (7) of the Pre-school
Child Care Institutions Act.
2.
Compensation of costs of transportation to school in Türi rural municipality
Based on a petition from an individual, the Chancellor verified whether Türi rural municipality
council regulation No 21 of 29 August 2012 “The procedure for issuing of transportation cards
to pupils of Türi rural municipality and compensating the cost of transportation to school
from the budget of Türi rural municipality” violates the principle of equal treatment of persons
(Compensation of transportation costs in Türi rural municipality, case No 6-4/121665).
The petitioner found that Türi rural municipality should compensate transportation costs in
connection with the school attendance of the petitioner’s children on the territory of another
local authority (municipal school of another local authority), while according to the above
procedure only the transportation costs in connection with attending municipal schools in Türi
rural municipality are compensated.
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As a result of the proceedings, the Chancellor reached the conclusion that the procedure
established by Türi rural municipality, to the extent as regards the issue raised in the petition,
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