Information

The law in Ireland provides for the regulation and inspection of pre-school child care services. Under the Child Care Act, 1991 the Health Services Executive (HSE) in Ireland is charged with ensuring the health, safety and welfare of pre-school children attending services. Pre-school children in Ireland are defined by law as ‘children under 6 years of age, who are not attending a national school or equivalent’. Pre-school services are also defined as ‘any pre-school, play group, day nursery, crèche, day care or other similar service catering for pre-school children’. (This also includes services that receive grant assistance from the Health Services Executive).

Childminding tax relief

A new childminding tax relief was introduced in Budget 2006. This applies to people who mind up to three children in the minder's own home. No tax is payable on their childminding earnings provided the earnings are less than 10,000 euro per year. If the earnings exceed this amount tax is payable on the full amount. Childminders must include their childminding income in their annual tax return. They must also notify their local County Childcare Committee that they are providing a childminding service.

 

Inspection and Notification

Pre-school care providers are required to notify the HSE that they are providing services. In addition, they are required to take all reasonable measures to safeguard the health, safety and welfare of pre-schoool children attending their service. Overall, the Department of Health and Children has responsibility for ensuring compliance and developing policy in this area.

The HSE is required to inspect and regulate pre-school child care services. Approximately 2,500 inspections of pre-school childcare services were carried out in 2004. Specifics about the regulation of pre-school child care services is set out in the Child Care (Pre-School Services) Regulations 1996 and (Amendment) 1997 (pdf). These regulations set down the high standards of health, safety and welfare that must be in place before care services can be provided.

For example, the regulations cover important areas such as child/adult ratios, premises and facilities, floor space, ventilation, sanitation, food, safety measures, facilities for rest and play, insurance and corporal punishment.

This document is an overview of these measures. Definitions of pre-school services providers are included, together with important information regarding those exempt from these provisions.

What pre-school childcare services are covered?

Broadly speaking, there are 4 different types of pre-school child care services in Ireland:

• Sessional services; (playgroups, crèches, montessori groups, playschools).
• Full day care: (often provided as day nurseries, creches, etc.)
• Childminders: (children cared for in the childminder’s own home)*
• Drop-in Centres: (often provided in shopping centres, leisure centres, hotels)

*Only childminders caring for more than 3 children are covered by the Child Care Act, 1991

Sessional Services

Playgroups, crèches, montessori groups, playschools, etc. throughout Ireland offer sessional pre-school services. Services normally offered are planned programmes, consisting of up to 3.5 hours per session (i.e., a morning, afternoon, etc.). Generally, children catered for, include those in the 2-6 years age bracket. Younger children may also be caterred for.

Full day care:

This is structured day care service for more than 3.5 hours per day. Providers can include day nurseries, crèches, etc.

 

Childminders:

Childminders care for children in the childminder’s own home. Throughout the year, they offer this service for the full working day or for different periods during the day. Parents and childminders negotiate their own terms; hours, rates, duties, etc.).

Rules

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Are certain pre-school care providers exempt from the law?

Yes. Those who are exempt include:

• A relative of the child or the spouse of such a relative (i.e., the aunt, uncle, cousin, grandparent of the child or the spouse of any of those relatives).
• If you are caring for one or more pre-school children of the same family and no other children (other than your own)
• If you are caring for not more than three pre-school children (other than your own) in your own home

Child care premises and facilities

Pre-school services (including childminders, drop-in-centres, crèches, etc.) are obliged to ensure their standards meet certain standards provide certain facilities. These rules consist of:

• ensuring the premises are of sound and stable structure and are suitable for providing pre-school services
• adequate space per child, is provided in the premises
• clean, hygienic conditions are provided and measures are in place to protect from infestation. Fixtures, premises and fittings are kept in a proper state of repair.
• Furniture, work and play surfaces are clean, suitable, non-toxic and retained in a proper state of repair.

Adult and child ratios

The law makes provision that a person carrying out a pre-school service must ensure that a sufficient number of competent adults are supervising the children at all times. ('Competent' adults are adults with adequate appropriate experience in caring for children under 6 years and/or who have appropriate qualifications to care for these children).

Pre-school Service	Age of children	Adults required	No. of children	Additional requirements
Sessional services	0-6 years	1	10	Second adult must be present at all times. Max of 20 children in one room on a sessional basis
Full day care	0-1 year	1	3	When full day care service also takes children not on full day basis, sessional service adult numbers apply
	1-3 years	1	6	When full day care service also takes children not on full day basis, sessional service adult numbers apply
	3-6 years	1	8	When full day care service also takes children not on full day basis, sessional service adult numbers apply
Childminders	0-6 years	1	6 (including his/her own)	No more than 3 children should be under 1 year. Childminders are required to have a telephone on the premises or a second person available to cope in emergencies
Drop-in centres	0-1 year	1	3	Majority of drop-in centres cater for children over 2 years. Second adult should be present at all times
	1-6 years	1	8	Majority of drop-in centres cater for children over 2 years. Second adult should be present at all times

The HSE can limit the maximum number of pre-school children who may be catered for at the same time. This provision is aimed at preventing over-crowding in pre-school services. If the HSE proposes to limit numbers, the pre-school child care provider will be notified and has the opportunity to appeal or make representations about this decision.

Sanitary facilities

Pre-school child care providers are required to ensure that adequate and suitable santiary facilities are provided within the buiding. The following are a guide to the recommendations:

• Adequate, suitable and hygienic nappy-changing facilities and nappy disposal facilities
• Appriopriate number of toilets*, wash-hand basins with hot and cold running water
• Separate toilet facilities for adults and children where necessary
• Sanitary accommodation and nappy changing areas should not communicate with any occupied room or food room save connected by a hall, corridor, ventilated lobby or ventilated space. In August 2004 the Department of Health and Children issued Food and Nutrition Guidelines for Pre-school Services (pdf).

* Regulations specify the ratio of wash-hand basins and toilets to be provided.

Safety measures

• Adequate arrangements must be in place for extinguishing fires. Staff must be trained in use of equipment.
• Staff and pre-school children should know evacuation and other procedures
• All heat emitting surfaces in the premises have fixed guard or are thermostatically controlled.
• Gardens and play areas are fenced and doors and gates secured to prevent children straying.
• Ponds, pits and other hazards are fenced to ensure safety of children.

Corporal Punishment

Inappropriate behaviour in a child or children within a pre-school child care environment should be corrected in a caring, constructive and consistent manner. Positive methods of discipline, encouraging self-direction, self-control and co-operation should be used. Anyone carrying out a pre-school child care service should ensure that no corporal punisment is inflicted on any child attending the service.

Where to apply

Information on the list of registered pre-school child care providers in your area will be available from your local HSE office. Contact information for the Health Service Executive is available in the green pages of your public telephone directory.

Further information regarding the requirements concerning general safety measures, ventilation, food preparation, floor space and facilities for rest and play are available in the Regulations and Explanatory Guide of Part VII of the Child Care Act, 1991.

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