Official regulation of creches very much a work in progress

Irish schools have been officially regulated for almost 200 years, but it’s only in the last two decades that some sort of oversight has been put in place for the education and care of preschool children. This is still a work in progress, with major gaps in monitoring, enforcement and curriculum.

Under the Child Care Act 1991, it falls to the Health Service Executive to ensure the health, safety and welfare of preschool children attending services. The Department of Children is responsible for policy in the area. Preschool children are defined by law as "children under six years of age, who are not attending a national school or equivalent".

Preschool services embrace a gamut of play groups, day nurseries, creches, naíonraí, childminders and other services looking after more than three preschool children.

The main set of regulations, including 20 national quality standards, dates from 2007, introduced by the late Minister for Children, Brian Lenihan.

With more women entering the workforce during the Celtic Tiger era, it was recognised that standards needed to be raised in relation to the minding of their children. But even though large capital grants were being provided to build facilities, the new rules were underpinned by a belief that comprehensive change couldn't come overnight, as well as a desire not to unduly discourage business interests from setting up creches.

Garda vetting
The regulations recognised that the system of Garda vetting was only then being established, and needed time to bed in. In addition, it was decided that not all staff would need to have childcare qualifications. There was no requirement for new facilities to register with the authorities in advance of opening and, while inspections were to be carried out, the resulting reports did not have to be published.

The regulations say a designated person must be in charge at all times, staff must be Garda vetted and aged over 18, and two references must be provided for each staff member. At least half of the staff must have an appropriate qualification and the rest must be working towards one.

The regulations specify variable ratios of staff to children, according to age. For full-time care, there must be one member of staff for each three children aged up to one year. The ratio changes to 1:5 for 1-2 year-olds, 1:6 for 2-3 year-olds and 1:8 for 3-6 year-olds. Different ratios apply to part-time care situations and to the State-funded Early Childhood Care and Education (ECCE) programme.

Ban on punishment
A ban on physical, verbal or emotional punishment applies; this encompasses the shaking, smacking, humiliation, intimidation, shaming or threatening of children. The regulations state: "A person carrying on a preschool service shall ensure that no practices that are disrespectful, degrading, exploitative, intimidating, emotionally or physically harmful or neglectful are carried out in respect of any child".

There are specific provisions about record-keeping and the handling of complaints, as well as the provision of healthy food and sleep facilities. The minimum amount of indoor playing space per child is also specified in the regulations.

Anyone proposing to set up a preschool childcare service is expected to contact their local childcare committee to discuss needs in the area. Some 33 such committees were set up in 2001 to help develop childcare facilities in local areas.

Providers are required to notify the HSE preschool inspectors a month before starting and must obtain the necessary planning approvals. They are also required to pay an annual fee of €80 to contribute to the cost of inspections.

The HSE has responsibility for inspecting preschool services and is supposed to visit each facility at least once a year – more often where there are concerns. The regulations do not specify penalties where breaches are found but do refer to a District Court procedure under which fines of up to €1,000 may be imposed.