Key legislative change in relation to the regulation of Early Years Services (Child Care Act 1991)

Thursday, 09 February 2017

Tusla, the Child and Family Agency has taken over the responsibility from the HSE for inspecting pre-schools, play groups, day nursery, crèches, and childminding services, day-care and similar services.

The Child Care Regulations (The Child Care Act 1991 (Early Years Services) Regulations 2016) replaced the Child Care (Pre-School Services) Regulations 2006. The new Regulations provide for pre-school services now known as an Early Years Service for children under the age of 6 who are not attending primary school. One of the key changes is that an operator has to apply for registration to Tusla and be inspected before it can open a crèche.

What the new Regulations mean for operators carrying on an Early Years Service is that certain requirements must be met. Tusla will assess the level of compliance by carrying out inspections and if the Regulations are contravened enforcement action can be taken against the provider.

It is essential for every person or company who provides or intends to provide an Early Years Service to be familiar with the provisions of the new Regulations as any non-compliance may expose a provider to a prosecution.

For more information in relation to the implications of this legislation please contact Olive Doyle from the ByrneWallace Health and Social Care Team.