S.I. No. 575/2018 - Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018

ARRANGEMENT OF REGULATIONS

Part I

Preliminary and General

Regulation

1. Title and commencement

2. Interpretation

3. Prescribed early years service

4. Fees

Part II

Registration and Register

5. Registration of school age service

6. Register

7. Notification of change in circumstances

Part III

Management of Service

8. Vetting disclosures

9. Staffing levels

10. Policies etc. of school age service

11. Premises

12. Insurance

13. Complaints

Part IV

Number of Children that may be cared for in a Childminding Service

14. Number of children that may be cared for in a childminding service

Part V

Inspection and Enforcement

15. Furnishing of information to Agency

16. Inspection

17. Enforcement and execution

18. Application of these Regulations

SCHEDULE 1

Application Fees

SCHEDULE 2

Application Form for Registration of School Age Service (other than a Childminding Service)

SCHEDULE 3

Application Form for Registration of Childminding Service

SCHEDULE 4

Form for Notification of Proposed Change in Registration Details

SCHEDULE 5

Form for Notification of Closure of Service

SCHEDULE 6

Policies and Statements

SCHEDULE 7

Number of Children that may be cared for in a Childminding Service

S.I. No. 575 of 2018

CHILD CARE ACT 1991 (EARLY YEARS SERVICES) (REGISTRATION OF SCHOOL AGE SERVICES) REGULATIONS 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st January, 2019.

The Minister for Children and Youth Affairs, in the exercise of the powers conferred on her by section 58B (inserted by section 92 of the Child and Family Agency Act 2013 (No. 40 of 2013)) of the Child Care Act 1991 (No.17 of 1991), after consultation with the Minister for Education and Skills and the Minister for Housing, Planning and Local Government, hereby makes the following Regulations:

PART I

Preliminary and General

Title and commencement

1. (1) These Regulations may be cited as the Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018.

(2) These Regulations shall come into operation on 18th February 2019.

Interpretation

2. In these Regulations—

“2016 Regulations” means the Child Care Act 1991 (Early Years Services) Regulations 2016 (No.221 of 2016);

“Act” means the Child Care Act 1991 (No. 17 of 1991);

“Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47 of 2012);

“childminding service” means a school age service, which may include an overnight school age service, offered by a person who single-handedly takes care of school age children, which may include the person’s own children, in the person’s home for a total of more than 2 hours per day, except where the exemptions provided in section 58L of the Act (as amended) apply;

“childminding service registered under the 2016 Regulations” means a pre-school service, which may include an overnight pre-school service, offered by a person who single-handedly takes care of pre-school children, which may include the person’s own such children, in the person’s home for a total of more than 2 hours per day, except where the exemptions provided in section 58L of the Act apply;

“complaints policy” means a policy specifying the procedures for making and dealing with complaints in relation to any aspect of the service;

“director”, in relation to a registered provider that is a body corporate, means a director within the meaning of the Companies Act 2014 (No. 38 of 2014) and, in the case of a board of management established under section 14 of the Education Act 1998 (No. 51 of 1998), means each member of such a board;

“full day care service” means a pre-school service offering a structured day care service for pre-school children for more than 5 hours per day and which may include a sessional pre-school service for pre-school children not attending the full day care service;

“part-time day care service” means a pre-school service offering a structured day care service for pre-school children for a total of more than 3.5 hours and less than 5 hours per day and which may include a sessional pre-school service for pre-school children not attending the part-time day care service;

“person in charge”, in relation to a school age service, means the person who has day-to-day charge of the service and includes a registered provider who has such charge of the service;

“premises”, in relation to a school age service, includes a building or part of a building, and any out-offices, yard, garden or land appurtenant thereto or usually enjoyed therewith in which the service is being or is proposed to be carried on;

“record” means any record kept or retained in pursuance of these Regulations including any electronic record, book, card, form, tape, film, note or any record in permanent form including a record that is not in a legible form but which is capable of being reproduced in a legible form;

“register” means the register established and maintained in accordance with section 58C of the Act;

“registered provider” means the person whose name is entered in the register in accordance with section 58C of the Act as providing a school age service;

“school age service in a drop-in centre” means a school age service offering care to school age children which is used exclusively on an intermittent basis;

“sessional pre-school service” means a pre-school service offering a planned programme to pre-school children for a total of not more than 3.5 hours per session;

“temporary school age service” means a school age service offering school age care to children exclusively on a temporary basis.

Prescribed early years service

3. A school age service shall be a prescribed early years service for the purposes of Part VIIA of the Act.

Fees

4. (1) Subject to this Regulation, the fee specified in column (3) of Schedule 1 opposite a particular reference number specified in column (1) of that Schedule is prescribed for the purposes of section 58D(3) as the fee to accompany an application under section 58D(2) (the “application fee”) in respect of a class of early years service specified in column (2) thereof at that reference number.

(2) Where a registered provider provides both a school age service and a pre-school service that is registered under the 2016 Regulations in an early years service, the application fee payable by the registered provider shall be the highest fee applicable to the classes of early years service provided in that service.

PART II

Registration and Register

Registration of school age service

5. (1) The form set out in Schedule 2 is prescribed for the purposes of section 58D(3) for school age services other than childminding services.

(2) The form set out in Schedule 3 is prescribed for the purposes of section 58D(3) for childminding services.

(3) A person who proposes to provide a school age service shall make an application under section 58D(2) in respect of that school age service at least 3 months before the person proposes to commence the service.

(4) Where a person has been providing a school age service prior to the commencement date of these Regulations, and notwithstanding that the person is already on the register as a provider of a pre-school service, that person shall make an application under section 58D(2) in respect of the school age service within six months of the commencement date of these Regulations.

(5) Where a person has been providing a school age service prior to the commencement date of these Regulations and that person is not already on the register as a provider of a pre-school service, that person shall make an application under section 58D(2) in respect of the school age service within three months of the commencement date of these Regulations.

(6) A person making an application under section 58D(2) in accordance with paragraph (1) of this Regulation shall enclose with the form set out in Schedule 2—

(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—

(i) the person,

(ii) where the person is a body corporate, each director of the body,

(iii) where the person in charge is different to the registered provider, the person in charge, and,

(iv) where the person in charge operates the service single-handedly, the second person referred to in Regulation 9(3),

(b) insofar as is practicable, where a person specified in clause (i), (ii), (iii) or (iv) of paragraph (a) has lived in a state other than the State for a period of longer than 6 consecutive months, vetting information in respect of the person obtained from the police authorities in that state,

(c)2 references in writing in respect of himself or herself that demonstrate that he or she is a suitable person to provide a school age service, including one from his or her most recent employer, if any, or where the person is a body corporate, two such references in respect of each director of the body,

(d) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the school age service, and

(e) a copy of—

(i) the policies and statements specified in paragraph 1 of Schedule 6,

(ii) the safety statement (within the meaning of the Safety, Health and Welfare at Work Act 2005 ) of the service (if any), and

(iii) the child safeguarding statement (within the meaning of the Children First Act 2015 ).

(7) A person making an application under section 58D(2) in accordance with paragraph (2) of this Regulation shall enclose with the form set out in Schedule 3—

(a) a copy of the vetting disclosure received from the National Vetting Bureau of the Garda Síochána in accordance with the Act of 2012 in respect of—

(i) the person,

(ii) any person over the age of 18 who will normally be present in the person’s house during times when the service is operating, and

(iii) the second person referred to in Regulation 9(3),

(b) insofar as is practicable, where a person specified in clause (i), (ii) or (iii) of paragraph (a) has lived in a state other than the State for a period of longer than 6 consecutive months, vetting information in respect of the person obtained from the police authorities in that state,

(c) 2references in writing in respect of himself or herself that demonstrate that he or she is a suitable person to provide a childminding service, including one from his or her most recent employer, if any,

(d) such documentation as demonstrates that the person making the application has valid and appropriate insurance cover for the childminding service, and

(e) a copy of—

(i) the policies and procedures specified in subparagraphs (b) to (f) of paragraph 1 of Schedule 6,

(ii) the child safeguarding statement (within the meaning of the Children First Act 2015 ).

(8) Where an application is made pursuant to section 58D by the registered provider or by a person who proposes to provide a school age service the Agency, prior to deciding whether to register the provider or the proposed provider concerned pursuant to subsection (5) of that section, shall assess the information provided by the person applying.

Register

6. (1) The register shall be available for inspection by members of the public by means of the internet.

(2) The following details, in addition to those specified in section 58C(2), are prescribed for the purposes of that section as to be contained in the register in respect of a school age service other than a childminding service:

(a) the name, if any, of the service;

(b) the name of the person in charge of the service (if different to the registered provider);

(c) the date from which the registration of the service takes effect (if different from the date of registration);

(d) whether the service offers one or more of the following classes of service in addition to the school age service:

(i) a full day care service registered under the 2016 Regulations;

(ii) a part-time day care service registered under the 2016 Regulations;

(iii) a sessional pre-school service registered under the 2016 Regulations;

(e) the age profile of children for which the school age service is registered to provide services;

(f) any condition attached to registration.

(3) The following details, in addition to those specified in section 58C(2), are prescribed for the purposes of that section as to be contained in the register in respect of a childminding service:

(a) the date from which the registration of the service takes effect (if different from the date of registration);

(b) whether the service offers, in addition to the childminding service, a childminding service registered under the 2016 Regulations;

(c) the age profile of children for which the service is registered to provide services;

(d) any condition attached to registration.

Notification of change in circumstances

7. (1) A registered provider of a school age service shall, subject to paragraph (2), notify the Agency in writing of any proposed change in the details in relation to the school age service contained in the register pursuant to section 58C(2) of the Act or Regulation 6(2) or 6(3) at least 60 days before it is proposed that the change would take effect.

(2) Where a registered provider has been unable for good and proper reason to notify the Agency within the time specified in paragraph (1) of a change in the details in relation to the school age service contained in the register pursuant to section 58C(2) of the Act or Regulation 6(2) or 6(3), the registered provider shall notify the Agency in writing of the change as soon as possible thereafter.

(3) The form set out in Schedule 4 is prescribed for the purposes of a notification under paragraph (1) or (2).

(4) A registered provider who ceases to carry on the school age service shall, not later than 28 days after the cessation of the service, give notice in writing to the Agency of the cessation.

(5) The form set out in Schedule 5 is prescribed for the purposes of a notification under paragraph (4).

PART III

Management of Service

Vetting disclosures

8. (1) A registered provider of a school age service other than a childminding service shall ensure that each employee, unpaid worker and contractor is suitable and competent, taking into consideration the nature of the needs of children, including by-

(a) consideration of references from the person’s past employers, if any, and in particular the most recent employer, if any,

(b) consideration of references from reputable sources in the case of a person who has no past employers,

(c) consideration of the vetting disclosure received from the National Vetting Bureau of the Garda Síochana in accordance with the Act of 2012 in respect of the person, and

(d) ensuring, insofar as is practicable, that where a person has lived in a state other than the State for a period of longer than 6 consecutive months, he or she provides police vetting from the police authorities in that state.

(2) The procedures specified in paragraph 1 shall be carried out prior to any person being appointed, assigned or allowed access to or contact with a child attending the school age service.

Staffing levels

9. (1) Subject to this Regulation, a registered provider of a school age service other than a childminding service shall ensure that there is at all times an adequate number of competent and suitable adults on the premises while the service is operating.

(2) Without prejudice to paragraph (1), a registered provider of a school age service other than a childminding service shall ensure that there is a minimum ratio of 1 adult to 12 children at all times while the service is operating.

(3) Without prejudice to paragraph (1), a registered provider of a school age service shall ensure that, where the person in charge operates the service single-handedly, a second person familiar with the operation of the service and in a position to provide assistance in operating the service to the person in charge is, at all times, within close distance of the service and available to attend the service to assist the person in charge or the registered provider of the childminding service in the event of an emergency.

(4) A registered provider of a school age service shall ensure that the school age children attending the service are appropriately supervised at all times.

Policies etc. of school age service

10. A registered provider of a school age service shall ensure that the policies and statements specified in Schedule 6 are in place for the service.

Premises

11. A registered provider of a school age service shall ensure that-

(a) an outdoor space to which the school age children attending the service have access on a daily basis is provided on the premises, or

(b) where no such space is provided, the school age children attending the service have access on a daily basis to an outdoor space.

Insurance

12. A registered provider shall ensure that the school age service is adequately insured.

Complaints

13. (1) A registered provider of a school age service other than a childminding service shall ensure that the complaints policy of the service specifies—

(a) the procedure to be followed by a person for the purposes of making a complaint in relation to the service,

(b) the manner in which such a complaint shall be dealt with, and

(c) the procedures for keeping a person who makes such a complaint informed of the manner in which it is being dealt with.

(2) A registered provider of a school age service other than a childminding service shall ensure that—

(a) a record in writing is kept of a complaint made to the provider in respect of the school age service, and

(b) the complaint is duly dealt with in accordance with the provider’s complaints policy.

(3) A record in writing referred to in paragraph (2)(a) shall—

(a) include the nature of the complaint and the manner in which the complaint was dealt with, and

(b) be open to inspection on the premises by an authorised person.

(4) A registered provider of a childminding service shall ensure that the parents or guardians of children attending the service are aware of the service’s complaints policy.

Part IV

Number of Children that may be cared for in a Childminding Service

Number of children that may be cared for in a childminding service

14. (1) The registered provider of a childminding service shall, where she or he does not care for any pre-school children, care for no more than 12 school age children at the same time;

(2) the registered provider of a childminding service shall ensure that, where she or he also cares for pre-school children, she or he at the same time cares for no more than the number of school age children specified in column (2) of Schedule 7 opposite the number of pre-school children being cared for as specified in column (1) of Schedule 7.

Part V

Inspection and Enforcement

Furnishing of information to Agency

15. A registered provider or proposed registered provider of a school age service shall furnish the Agency with such information as the Agency may reasonably require for the purpose of enforcing and executing these Regulations and the information shall be in such form, if any, as may be specified by the Agency.

Inspection

16. The Agency shall take such steps as are necessary to enforce these Regulations in relation to the school age service concerned.

Enforcement and execution

17. These Regulations shall be enforced and executed by the Agency.

Application of these Regulations

18. These Regulations shall not apply to school age services in drop-in centres or temporary school age services.

SCHEDULE 1

Application Fees

SCHEDULE 2

Application Form for Registration of School Age Service (other than a Childminding Service)

Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013

Please note that only fully completed application forms will be accepted.

All information must be accurate and comprehensive

1. General Details

Is the person completing this application form over 18 years of age?

Yes □ No □

Class of Service (see Regulation 4(2)):

Name of the School Age Service ..............

Address of the School Age Service ..........................................

Telephone no. of the School Age Service Land Line ..............

Mobile ..............

Email address ..............

Website ..............

Is the Service already operating? ..............

If not, when do you propose to commence the Service? ..............

How many children will the Service accommodate? ..............

What is the age profile of the children the Service will accommodate? (Tick all that apply)

Children aged 4 to 10 □

Children aged 11 to 12 □

Children aged 13 to 15 □

2. Proposed Registered Provider(s) of School Age Service

Please indicate whether the proposed registered provider is a:

Sole Trader □

Partnership □

Limited Company □

Designated Activity Company □

Other (Please give details) ..............

2(a) Details of Proposed Registered Provider(s) (sole traders or partnerships)

2(b) If the proposed registered provider is not a sole trader or partnership, please provide the following details

Name of Organisation: ..............

Address of Organisation: ..........................................

Landline No: .............. Mobile No: ..............

E-mail address: ..............

Name of person acting on behalf of Organisation: ..............

Position in Organisation: ..............

Address (if different from above): ..........................................

Landline No: .............. Mobile No: ..............

E-mail address*: ..............

(*The Agency will use this e-mail address for correspondence purposes)

2(c) Please provide the following details in the case of Registered Companies only

Name of Company: ..............

Address of Registered Office: ............................

Company Secretary Name: ..............

Company Registration Number: ..............

3. Management structure

3(a) Person in Charge (Name to be entered on register as person in charge if different from Proposed Registered Provider)

Particulars of the Person in Charge of the School Age Service

Full Name ..............

Date of Birth ..............

Home Address ..........................................

Tel. No. ..............

3(b) Name(s) of all the adult(s) working/who will be working in the School Age Service, or of the “second person”, where applicable

Adults working in the service: ............................

“Second person” ..............

3(c) Details of the Employment Record of the Proposed Registered Provider (and the Person in Charge, if different)

Please include details of present and past employers, including the name, address, and nature of business, the dates of employment and details of posts held.

4. Professional Registration details of proposed Registered Provider (and the Person in Charge, if different)

4(a) Is, or was, the proposed registered provider and the person in charge registered with any health, allied health, social care, social work or teaching professional registration body, either in the State or in another jurisdiction?

Yes □ No □

4(b) If yes, please provide the following details:

4(c) If yes, please indicate the registration status:

Full □ Associate □ Student □

4(d) If yes, please indicate the expiration date of the current or most recent registration: ..............

4(e) Has the proposed registered provider or the person in charge ever been subject to any disciplinary process pursued by the registration body?

Yes □ No □

If yes give details

............................

5. Previous Registration/notification history

5(a) Were you, or was the person in charge, or was any service operated by your organisation previously registered with or notified to the HSE, Tusla or HIQA?

Yes □ No □

If yes, provide timeframes and details.

............................

5(b) Have you, or has the person in charge or has any service operated by your organisation been prosecuted under the Child Care Act 1991 ?

Yes □ No □

If yes, provide timeframes and details:

............................

6. Insurance Arrangements

6(a) Name of Insurance Company ..............

6(b) Address of Insurance Company ..............

6(c) Categories of insurance cover for the school age service

Public liability □

Fire & theft □

Motor insurance □

Building Insurance □

Outings Insurance □

Other □

6(d) Number of school age children covered by insurance ..............

6(e) Date of Insurance Cover From .............. To ..............

7. Outdoor Space

The children in the service:

(a) Have daily access to outdoor space on the premises □

OR

(b) Have daily access to an outdoor space □

8. Opening Days/Hours

Please provide details of the proposed opening days and opening hours of the School Age Service: ..............

9. Are the premises that are being used / that will be used as a School Age Service:

10. Staff Details

Proposed number of staff to be employed in the School Age Service: ..............

11. Fees

Please indicate the appropriate fee due in respect of your application in accordance with Regulation 4 and Schedule 1: ..............

12. Declaration

I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a school age service.

I agree to notify the Child and Family Agency of any changes to the information on this form.

I declare that I have attached all documentation required to progress my application as set out in this form, including the relevant application fee.

I declare that all the information I have given on the application form is true to the best of my knowledge and belief.

The name below is that of the proposed registered provider.

Name: ..............

Signed on behalf of the proposed registered provider: ..............

Status of Signatory (for example Individual, director, chairperson): ..............

Date ..............

SCHEDULE 3

Application Form for Registration of Childminding Service

Part VIIA of the Child Care Act 1991 as inserted by Section 92 of the Child & Family Agency Act 2013

Please note that only fully completed application forms will be accepted.

All information must be accurate and comprehensive

1. General Details

Is the person completing this application form over 18 years of age?

Yes □ No □

Class of Service (see Regulation 4(2)):

Address of the Service ..........................................

Telephone no. of the Service Land Line ..............

Mobile ..............

Email address ..............

Website ..............

Is the Service already operating? ..............

If not, when do you propose to commence the Service? ..............

How many children will the Service accommodate? ..............

No. of school age children ..............

No. of pre-school children ..............

What is the age profile of the school age children the Service will accommodate? (Tick all that apply)

Children aged 4 to 10 □

Children aged 11 to 12 □

Children aged 13 to 15 □

2. Proposed Registered Provider

2(a) Details of the proposed registered provider

2(b) Details of the Employment Record of the proposed registered provider

Please include details of present and past employers, including the name, address, and nature of business, the dates of employment and details of posts held.

2(c) Professional registration details of proposed registered provider

Is, or was, the proposed registered provider registered with any health, allied health, social care, social work or teaching professional registration body, either within the State or in another jurisdiction?

Yes □ No □

If yes, please provide the following details:

Registration status:

Full □ Associate □ Student □

Expiration date of the current or most recent registration: ..............

Has the proposed registered provider ever been subject to any disciplinary process pursued by the registration body?

Yes □ No □

If yes give details

............................

2(d) Previous Registration/notification history

Were you or was any service operated by you previously registered with or notified to the HSE, Tusla or HIQA?

Yes □ No □

If yes, provide timeframes and details.

............................

Have you or has any service operated by you ever been prosecuted under the Child Care Act 1991 ?

Yes □ No □

If yes, provide timeframes and details:

............................

3. Name of the “second person”, as required under Regulation 9(3)

............................

4. Insurance Arrangements

Name of Insurance Company ..............

Address of Insurance Company ..........................................

Categories of insurance cover

Public liability □

Fire & theft □

Motor insurance □

Building Insurance □

Outings Insurance □

Other □

Number of school age children covered by insurance ..............

Date of Insurance Cover From .............. To ..............

5. Outdoor Space

The children in the service:

(a) have daily access to outdoor space on the premises □

OR

(b) have daily access to an outdoor space □

6. Fees

Please indicate the appropriate fee due in respect of your application in accordance with Regulation 4(2) and Schedule 1: ..............

7. Declaration

I consent to the Child and Family Agency carrying out checks and using information provided in this application form when assessing my suitability to register a childminding service.

I agree to notify the Child and Family Agency of any changes to the information on this form.

I declare that I have attached all documentation required to progress my application as set out in this form, including the relevant application fee.

I declare that all the information I have given on the application form is true to the best of my knowledge and belief.

The name below is that of the proposed registered provider.

Name: ..............

Signed on behalf of the proposed registered provider: ..............

Date ..............

SCHEDULE 4

Form for Notification of Proposed Change in Registration Details

Please tick (√) column(s) in respect of which you are notifying a proposed change in registration details

Please complete the following:

SCHEDULE 5

Form for Notification of Closure of Service

I wish to inform you that I have ceased to operate the school age / childminding service detailed above.

SCHEDULE 6

Policies and statements

1. (a) Complaints policy;

(b) policy on administration of medication;

(c) policy on infection control;

(d) policy on managing behaviour;

(e) policy on the dropping off and collection of children;

(f) statement of purpose and function;

(g) fire safety policy.

2. In this Schedule—

“policy on administration of medication”, in relation to a school age service, means a policy specifying the procedure to be followed in the service to ensure the safe storage of medication in the service and administration of medication to a school age child attending the service;

“policy on infection control”, in relation to a school age service, means a policy specifying the procedure to be followed in the service to protect persons working in the service and school age children attending the service from the transmission of infections;

“policy on managing behaviour”, in relation to a school age service, means a policy that—

(a) supports positive behaviour by the school age children attending the service, and

(b) specifies approaches for managing challenging behaviour and bullying by a school age child attending the service and assisting the child to manage his or her behaviour as appropriate to the age and stage of development of the child;

“policy on the dropping off and collection of children”, in relation to a school age service, means a policy that describes the procedures carried out by the service to ensure the safety of the children arriving at and departing from the service, including the policy in relation to persons authorised to collect the child from the service and whether, and under what circumstances, children are permitted to leave the service unaccompanied;

“statement of purpose and function”, in relation to a school age service, means a description of the service, including—

(a) who the service is aimed at,

(b) the hours of the service,

(c) the age range of the children catered for in the service, and

(d) the number of children that can be catered for in the service;

“fire safety policy” means a policy specifying—

(a) the manner in which the registered provider shall ensure that all adults working or volunteering in the service are—

(i) aware of and trained in the procedures to be followed in case of fire in the service, and

(ii) familiar with the location of any fire fighting equipment and trained in the use of such equipment, and

(b) the frequency and timing of fire drills to be carried out in the service.

SCHEDULE 7

Number of children that may be cared for in a childminding service

GIVEN under the Official Seal of the Minister for Children and Youth Affairs,

20 December 2018.

KATHERINE ZAPPONE,

Minister for Children and Youth Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations set out the various requirements to be complied with by a person applying to register with Tusla, the Child and Family Agency, as a school age service, and by persons carrying on school age services.