What to do if a child in the Moscow region was not accepted into kindergarten

Home/Complaint/About kindergarten

When bringing their child to kindergarten, parents believe that they are placing their offspring in the safe hands of educators who have the appropriate education and know how to behave with children. However, expectations are not always met. If the persons carrying out the educational process behave inappropriately, violate the rights of the child, or the conditions of detention of the minor are not respected, this may become a reason for writing a complaint against the kindergarten.

Attention

A complaint against a kindergarten must be filed correctly. This is the only way they will agree to accept it for consideration. Therefore, before you begin filing a claim, you should familiarize yourself with the latest information on the topic.

Possible reasons for a complaint about a kindergarten

By attending a kindergarten, a child takes part in a whole list of activities and receives a range of services, the provision of which must be carried out at the proper level. Therefore, the list of complaints about the kindergarten is extensive. They can be classified into several large groups.
Highlight: Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

1. Complaints about food in kindergarten. It is necessary to contact the authorized body if the food given to the child is not able to satisfy the physiological needs of the minor. The menu should change daily. Prepared food should not be stored in the refrigerator for more than 48 hours. Only persons who have received permission from the commission, which must include a nurse and a representative of the kindergarten administration, have the right to distribute food.
2. For an assistant teacher. A complaint should be filed if a person treats a child rudely, has physical influence on children, uses threats, or is negligent in relation to his professional duties.
3. For the head of the preschool educational institution. It is necessary to contact the authorized bodies if the person holding the position does not respond to parents’ complaints regarding the failure of kindergarten employees to fulfill their official duties, as well as if the institution does not fulfill the terms of the contract, the conditions for keeping children are unsatisfactory, and employees treat minors unprofessionally.
4. For a teacher. A complaint is filed in case of rude treatment of children, use of physical violence, inadequate response to comments, negligent attitude towards children, failure to fulfill professional duties, violation of the educational and educational process.
5. For a nurse. The document is drawn up if the specialist holding the position did not provide first aid to the child or performed the action unprofessionally, did not follow the doctor’s instructions, or did not comply with preventive measures.

Legislation

The possibility of filing a complaint and the grounds for filing a complaint are regulated by the following acts:

• Law “On Education in the Russian Federation” No. 273;
• Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” No. 124;
• Resolution of the head physician on the approval of SanPiN on the issue of maintenance and organization of the operating regime of DS No. 26 (Sanitary and epidemiological rules and standards SanPiN 2.4.1.3049-13);
• Order of the Ministry of Education and Science of the Russian Federation No. 1155 (norms may be applied in the implementation of preschool education programs);
• Civil Code (Civil Code of the Russian Federation);
• Labor Code (Labor Code of the Russian Federation).

In the case of a private (non-state) DS, it must be registered as a legal entity and obtain a license to engage in educational activities. Therefore, the work of private kindergartens is also regulated by Federal Law No. 129 “On state registration of legal entities and individual entrepreneurs” and Government Decree No. 174 “On approval of the Regulations on licensing of educational activities.” Since a private DS provides paid services to parents, these legal relations are also regulated by the Consumer Rights Protection Law (CPL).

IMPORTANT! Private kindergartens located in residential buildings, in families, and where there is no educational program (but only childcare) should not comply with SanPiN 2.4.1.3049-13 - SanPiN 2.4.1.3147-13 applies to them.

All child care centers, in particular private ones and those located in residential buildings, must comply with the rules set out in Letter of the Ministry of Education and Science of the Russian Federation No. 08-1049 “On the organization of various forms of childcare and supervision.” Kindergartens located in a residential building must meet the standards of SanPiN 2.4.1.3147-13.

The residential building in which the DS was opened must comply with SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.”

Dear readers! To solve your problem right now, get a free consultation

— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves
- an experienced lawyer will solve all your problems!

In particular, the law regulates the area and condition of the DS premises, daily routine, quality of food, qualifications of teachers, etc. If any of these requirements are violated, you can write a complaint to the manager or to higher supervisory authorities - this is enshrined in Art. 2 Federal Law-59 “On the procedure for considering appeals from citizens of the Russian Federation.”

Where to write a claim for kindergarten?

The authority for filing a complaint against a kindergarten may vary depending on what rights of the child were violated. Parents can contact:

• to the head of a preschool educational institution;
• to Rospotrebnadzor or Rosobrnadzor;
• in RONO;
• to the Ministry of Education;
• to the prosecutor's office;
• to court.

Additional information
It is recommended to start proceedings at the level of a preschool educational institution. To do this, you will need to contact the head of the organization. If the action does not cause an effect, it is worth submitting an application to other authorized bodies.

Common mistakes

Mistake No. 1: Lack of response to illegal actions of employees of an educational institution

Comment : Regardless of the field of activity, people who are officially located and live in our country should speak about violations by workers in a certain field. Hushing up the situation will not solve it in any way, and it is this incompetent employee that another citizen will stumble upon and this will happen until a complaint is filed against him. After a complaint, the employee will be fired or punished with disciplinary sanctions, and after that he will decide whether to break the law or not.

Mistake #1: Lack of evidence

Comment : Each complaint that is submitted to a government agency must have confirmation, otherwise the sender may receive punishment in the form of prosecution. Therefore, it is worth immediately noting that the complaint and the evidence must be together, only this guarantees a successful resolution of the resulting situation.

How to file a complaint against a kindergarten?

Having identified the fact of improper treatment of a child or failure of a preschool educational institution to fulfill its obligations, it is worth taking immediate action. Filing a complaint against a kindergarten is carried out in accordance with the following scheme:

1. The person prepares the document as per the requirements. The paper must be prepared in 2 copies. It is not necessary to put personal data on the document; you can submit a claim anonymously. In this situation, 1 copy of the document is sufficient. However, anonymous complaints about the kindergarten do not always achieve the desired result.
2. Submit the document to the authorized body. Initially, it is recommended to try to solve the problem at the level of the children's educational institution by contacting the head. If the effect does not have an effect, you will need to re-draft the document and contact the authorized body.
3. Wait for a decision to be made. Upon contacting the authorized bodies, an inspection may be carried out.

Attention
The law allows you to file a collective complaint against a kindergarten. A joint appeal can have a greater effect than an individual appeal. At the same time, the form of the document is practically no different from an individual complaint. The only difference is that the document must indicate all parents making a claim.

Violation of the daily routine

The whole day in kindergarten is scheduled literally to the minute. Typically, the routine includes : several meals, developmental activities, walks, sleep. It is better to get acquainted with the schedule and find out whether it suits your child even before the child enters the preschool educational institution, because no one will change the schedule to suit the habits of one child.

You should complain about the daily routine only if the real schedule differs from the declared one (for example, instead of 3 hours of sleep, children spend 4 hours in cribs, etc.).

The methodologist is responsible for drawing up plans and schedules at the preschool educational institution , so you should first of all contact him and the head regarding the regime.

Teachers are responsible for implementing the routine in groups adopted by the institution . The reason for deviation from the normal course of events may be their negligence . Therefore, non-compliance with the regime is a reason to take a closer look at the teacher’s other actions.

Sample of writing a complaint about a kindergarten

For a complaint to be accepted for consideration, it must be drafted correctly. However, there is no unified form of the document. Therefore, you can draw up the paper yourself. However, the claim against the kindergarten must contain mandatory information, the list of which includes:

• the person to whose address the paper is sent (name of the organization or full name of the individual);
• personal data of the person who decided to complain (full name, contact phone number, residential address);
• document's name;
• the essence of the current situation (it is necessary to show the problem and provide references to the norms of the law that were violated, and also provide confirmation of the applicant’s right);
• indicate the requirements;
• put the date and signature.

If a person is complaining for the first time, drawing up a paper can cause a number of difficulties. To avoid them, it is better to use a ready-made sample complaint against a kindergarten. document can be found here.

Sample complaint against a kindergarten teacher

If a kindergarten teacher does not fulfill professional duties, uses physical violence against a minor child, responds inadequately to comments or violates educational processes, parents have the right to complain about the actions of the preschool employee.

Initially, you should contact the head of the organization. Typically, the person holding this position will try to resolve the issue immediately on the spot. It is in his interests to eliminate the identified violations, because the subsequent filing of a complaint will become a reason for a reprimand. The form of the document is standard. A person can independently file a claim or.

IMPORTANT

If contacting the head of the kindergarten has no effect, you should contact the education department or the prosecutor's office. The last thing you should do is file a claim with the court.

Expert opinion

In my opinion, exceptionally talented people should work in the educational field, especially in kindergartens. This is the first stage in human development, when parents entrust their most precious child in the world to the state in the person of a teacher. A teacher means to educate, so it is in such an institution that a child receives his first skills in eating and clothing independently. However, the teacher does not always joyfully accompany this event and shares the successes with the child; of course, this should not be the case.

The responsibilities of the teacher include not only feeding, walking, but also development (learning to count, write), but this is not always true.

Lately, more and more often I meet parents who say that their child went to kindergarten once and, for no reason whatsoever, does not want to attend it again. Or another situation when the baby went to kindergarten with joy, and at one moment began to cry with such force that his parents took him back.

In each situation, you should understand in more detail and, of course, initially communicate with the teacher, trying to find out why the child is crying; perhaps it is not the teacher who is to blame, but another child who offends him. Therefore, before writing a complaint, you should sit down at the negotiating table, where the manager, teacher, psychologist, child, and toddler will participate.

I would like to note that parents need to listen to their kids so that they feel protected and can trust all their fears and secrets.

Minister of the Moscow City Government - Head of the Department of Education Kalina I.I.

How to write a complaint about a child in kindergarten?

Some children's behavior may become dangerous to other minors. If one of the pupils of a preschool educational institution fights, does not allow classes to be conducted, does not respond to comments, it turns out to take into account the words of the teacher, you can complain about him. The paper is issued in the name of the head of the preschool educational institution. The purpose of such a document is to remove a dangerous child from the group.

For your information

It is better to file a complaint collectively. A single appeal usually has no effect. The paper can be drawn up in any form, but it is better to use a ready-made sample that can be used. It will simplify the process of filling out the form.

Claim for manager

The head of the preschool educational institution is responsible not only for his own actions, but also for the state of the institution as a whole. You can complain about an employee if he does not respond to parents’ requests regarding existing violations. The reason for filing an application may also be unsatisfactory living conditions for children, failure to comply with the provisions of the contract, or unprofessional performance of duties.

Attention

The complaint form against the head of a kindergarten is classic. When filling out a document, it is better to use a ready-made sample that can be used. In addition to basic information, you must provide a list of attached documentation confirming the applicant’s correctness. The complaint can be written collectively or individually. Anonymous appeal also takes place.

How to write a complaint against a kindergarten nurse?

The actions of a preschool medical worker may also give rise to a complaint. The document is drawn up in any form. It must describe the current situation in detail and attach available evidence. Make additional demands. Initially, you should contact the head of the preschool educational institution.

IMPORTANT

The person holding the position must review the complaint and provide a response. If the appeal has no effect, it is necessary to re-file a complaint against the kindergarten nurse and send it to the address of the education department. Upon receipt of a complaint, an investigation may be carried out. If this time it was not possible to achieve justice, you need to contact the prosecutor's office.

Example of a complaint

To the city prosecutor's office _________

from (full name) ____________________

address _______________________

telephone_____________________

Complaint

My child Ivanov Ivan Ivanovich, born in 2021, attends kindergarten Rodnichok in the city of Lipetsk. The child attends group No. 3, the baby is always active and enjoys attending kindergarten, but 2 weeks ago a terrible situation happened, which I ask you to look into.

On March 24, 2021, we came to kindergarten as usual; the child was in a bad mood in the morning because he did not get enough sleep. In the evening, when I came to pick up the baby, I found him lying in the bedroom in dirty clothes covered in blood. Of course, I asked the teacher, to which she told me that during a walk the child fell and had a nosebleed, but the nurse injected the child and stuffed his nose with cotton and the child fell asleep.

In horror, I took the child and immediately went to the trauma center, where the doctor examined him and diagnosed him with a mild concussion. I am outraged because the teacher did not call me, the child was given an injection without my knowledge and now we are in the hospital.

Conduct a check regarding Natalya Anatolyevna Petrova, who did not inform me about what happened, did not call an ambulance and made the decision on how to treat my child.

Application:

1. A copy of the complaint to which the kindergarten administration did not respond;
2. Expert opinion;
3. Receipts that confirm the expenditure of funds on the purchase of medicines.

Responsibility of kindergarten employees

In addition to the education and upbringing of children, the main task of preschool educational institutions is to ensure complete safety of life and health of minors, as well as to prevent traumatic situations. Organizations are obliged to create favorable and safe areas for the child to spend time and study . Organizations also bear financial responsibility. They are obliged to monitor the safety of the pupils’ personal belongings.

For your information

Having received the complaint, specialists from the authorized body will conduct an investigation of the incident. The teacher or other employee who caused the violation will be held accountable. It depends on the severity of the injuries received or the amount of property damage caused. The kindergarten is obliged to pay all expenses that the minor’s parents incur in connection with the restoration of the child’s health or lost things.

The financial liability of a preschool educational institution can be insured. Taking action allows you to create a fund to settle claims from victims. The cost of such insurance is about 30,000 rubles. In this case, the insurer will take over the settlement of claims.

Contacting the Ministry of Education

The preschool educational institution is under the control of the Ministry of Education. You must contact the organization in the following situations:

• the child was refused a place in kindergarten when his turn came;
• after contacting the RONO, appropriate measures were not taken;
• The headmaster ignores the parents' complaints.

Additional information
You can file a complaint against a kindergarten by personally visiting the office of the Ministry of Education. If parents do not have time to take action, they can apply online. To do this, you need to visit the official website of the Ministry of Education. You will need to fill out an online application on the resource. It will include personal information and a description of the current situation. If for some reason this method is unacceptable, an alternative may be to send the documentation by mail.

Where to complain

When a child feels bad, many of us are capable of moving mountains to restore justice. However, when communicating with the manager, parents (and sometimes teachers) often feel “bad” when they see their powerlessness in the face of the human factor. At this point, you don’t care about logical actions anymore, and you want to report the violation wherever possible. In addition, due to the specificity of preschool organizations, the number of places where you have the right to apply is quite large.

Let's look at the reasons why each organization might listen to you.

Department of Education

The first and most important way to appeal is to file a claim with the preschool education department . It is this department that regulates the activities of kindergartens, which perform not only the function of child care, but also the provision of training and education. Almost all modern kindergartens belong to this group.

Previously, RONO, the Department of Education can help if investigation is required regarding any unlawful actions of the management. Also, if you have already contacted the head directly to resolve the situation, but she has not taken any action, it is RONO that will ensure that your rights and the rights of your child are not violated .

The Department of Education is the immediate head of the administration of any kindergarten, so the heads of such inspections are very wary. Sometimes you can even hear calls from kindergarten employees not to write any complaints to the department, but to go straight to deal with the manager, but if there is a fact of a serious violation, it is better to give impetus to inspections “from above” in order to protect yourself and the child.

Among other things, the Early Childhood Education Department can help if:

• After your complaint to the management, the child began to be “harassed”;
• The head has signed off on one of the “non-standard” education programs, and now the child is falling behind in the general program (in other words, if educational services do not bring positive results);
• If the manager negatively influences children with her parenting methods and instills similar methods in other employees.

Ministry of Education

A higher authority that receives complaints regarding the educational program and not affecting the upbringing of children. It comes into effect when the Department decides to do something, but the manager does not do it. Ignoring parents' complaints can also be a reason to write a complaint against the head and send it to the Ministry of Education . Also, if you are denied a place, although your turn has come, you need to sort it out through the ministry, since the problem may not be with the head, but with the Department itself.

Rospotrebnadzor

Considers violations of your rights as a consumer. Accordingly, if the day care center provides services that you or your child “consume” (such as meals), you may face a disruption in the provision of those services. You can complain to this authority if:

• We discovered unsanitary conditions in the group rooms;
• Children are provided with dangerous or very old toys that must be disposed of long ago;
• The condition of the kindergarten premises is satisfactory;
• Your child is being fed poor quality food;
• Your child’s menu does not meet the established standards;
• You purchased additional services, although the kindergarten did not have the right to provide them.

Police

Any actions that harm or endanger your child or you are considered by the police. If the manager has committed a crime that falls under the Criminal Code of the Russian Federation, contact the police.

Prosecutor's office

You can complain to the prosecutor's office if it was the teacher who violated your child's rights, but if the kindergarten, at the direction of the management, is engaged in illegal collection of money, a complaint to this authority can also be written to the head. Also, the prosecutor's office will consider your complaint if there is evidence of violence or intimidation of a child by the head or teachers.

If you suspect that the manager is covering for the teachers after they violated your child’s rights, it would be a good idea to complain to the prosecutor’s office about her too . If, after an inspection, the prosecutor's office reveals a violation, a trial will be initiated, during which you will be able to recover various damages from the manager - moral or material.

Labour Inspectorate

A tyrant manager is a very vivid image in people’s heads. Unfortunately, more and more employees in the field of preschool education are faced with the arbitrariness of their bosses. In this case, they can complain to one and only authority - the labor inspectorate.

If your manager violates the terms of the employment contract or labor standards established by law, you have the right to complain about her to higher authorities . Remember that the more employees sign a complaint (ideally, more than half of the kindergarten staff), the more likely it is that the negligent boss will be removed from her post.

Court

It makes sense to draw up a statement of claim if, after contacting one of the higher authorities, the head of the kindergarten does not fulfill what was assigned during the proceedings. At the same time, if you have all the answers and decisions from any of the above organizations, it is quite easy to win the court - because you will be able to prove the illegality of the current actions of management.

Contacting the prosecutor's office

It is necessary to contact the prosecutor's office if there are serious violations in a preschool educational institution. It is not always worthwhile to follow a peaceful procedure for resolving conflicts and one by one submit complaints about the kindergarten to all higher authorities, waiting for their response. You should submit documentation to the prosecutor’s office without delay in the following situations:

• there is a threat to the life or health of the child;
• parents or a minor citizen are blackmailed;
• a theft has been committed;
• There are other criminal offenses.

Please note
: All of the above situations will be investigated. If the guilt of the official who committed the violation is proven, he will be held accountable. A kindergarten employee may face administrative or criminal penalties. Additionally, compensation can be recovered from an employee of a preschool educational institution for moral and material damage caused.

An application to the prosecutor's office is sold during a personal visit. If this is not possible for some reason, the paper can be sent by letter. It must be ordered. When the proceedings regarding the daycare claim are completed, the person will be given a response.

No medical card

A medical card is required to enroll in kindergarten. It is prescribed by a pediatrician after a preventive examination by specialized doctors. But a mandatory condition for its registration is the presence of vaccinations in accordance with the approved vaccination schedule. Otherwise, the pediatrician will not sign the card, and without such a document, the preschool educational institution will not be able to carry out the appointment.

On the one hand, vaccination in the Russian Federation is not mandatory and any citizen has the right to refuse any vaccination. But in such a situation, complaints to the Ministry of Education and Rosobrnadzor will not bring the desired result, since the preschool educational institution actually acts in the interests of other children, adhering to the norms of the law on the sanitary and epidemiological welfare of the population.

The only way to achieve acceptance of a child without vaccinations into kindergarten is to obtain an appropriate court decision. But this may take several years, and there is no guarantee that the claim will be satisfied in full. It is possible to win the case only if there are serious contraindications to vaccination and this is confirmed by a medical report. But if you have such a document, it will be easy to enroll in a preschool educational institution via an electronic queue.

If the pediatrician refuses to issue a medical card, you can ask him for a written refusal indicating the appropriate reason. Fearing the consequences, he will sign the document, making a note that the child cannot attend preschool.

Response to complaint

A complaint cannot be left unanswered. The period for reviewing the document is regulated by current legislation. It is 30 days from the date of receipt of a written complaint against the kindergarten. In some situations, the period may be extended by another month. If a decision is made to increase the time limit, the applicant must be notified of this, indicating the reason for this.

IMPORTANT

The response to the appeal must contain the decision made on the request and a description of the actions taken to correct the current situation. If a person is dissatisfied with the decision made, he has the right to appeal to a higher authority or file an application in court. The claim must be supported by evidence. Their absence will reduce the chances of a positive decision. You should contact higher authorities only if you are confident that you are right. In another situation, a person risks wasting time and money. To simplify the proceedings, a citizen has the right to contact a highly qualified lawyer and receive preliminary advice.

Where to direct your dissatisfaction

The complaint must be submitted to higher authorities for consideration, which, in accordance with the law, will consider this problem and punish those persons who did not provide assistance earlier.

Initially, the complaint should be submitted to the manager, it is better if it is written in two copies, both of which must be registered, but one must be passed on. You must then wait for a response within two weeks, only after which should you contact further. In addition, it is necessary to attach a registered complaint addressed to the head to the complaint to the Prosecutor's Office or the Department of Education in order to confirm that a response has not been received.

In addition, some authorities have a hotline where you can report a complaint by phone. This should include receiving complaints by fax; in order to find out whether a certain department has the right to do this, you should check on the official website.

It is worth noting that the period for consideration of a complaint can vary up to one month.

Nuances of the procedure

Violations must not go unpunished. If more than just one parent has complaints, it is better to unite and file a collective complaint against the kindergarten. It has a greater impact on officials than an individual. The requirements set out in collective appeals are fulfilled more often. It is worth submitting a document in a situation where there are violations involving several children in the group. Thus, the inappropriate behavior of one of the minors can also become a reason for filing a complaint and sending it to the manager.

For your information

It will be possible to protect other children from contact with a hyperactive child who can cause harm to life and health only through collective treatment. If the application is approved, the minor will be sent for a medical examination. As a result of this action, the child may be transferred to a correctional kindergarten.

Employees of preschool educational institutions also have the right to defend their rights. If there is harassment on the part of the kindergarten management, the document can be submitted to the labor inspectorate. Upon receipt of the complaint, an investigation will be carried out. If management violates the terms of the employment contract or legislative norms, you can contact higher authorities. The more people write a complaint, the higher the chance of removing the unscrupulous director of the kindergarten from his post.

Comments Showing 0 of 0

Who is the teacher?

In a kindergarten, certain people work with a group of children, to whom the child gets used to and trusts his secrets and secrets. Currently, in the kindergarten there are two teachers in one group who work in shifts and one nanny or, as they now call it, an assistant teacher. These persons work on a permanent basis, visiting teachers are a music worker and a physical education instructor, a psychologist. It is these teachers who usually come once or twice a week, and the rest of the time is spent with teachers.

True, some kindergartens have specialized teachers who teach children English, dance, and so on.