All paid, non-relative childminders who work in their own homes can now register with Tusla and access the National Childcare Scheme.
The National Action Plan for Childminding 2021-2028 set out a pathway for the extension of regulation to childminders. The Childcare Support Act 2018, which provides a statutory basis for the National Childcare Scheme, specifies that only Tusla-registered childminders are eligible to participate in the Scheme. The limitation of public funding schemes to Tusla-registered childcare providers helps to ensure that public funding is provided where there is assurance of the quality of provision.
We are now in a 3-year transition period (to September 2027) during which childminders are being encouraged and supported to register, but registration is not yet mandatory. This phased approach aims to facilitate the largest possible number of childminders to enter the regulated sector, the sphere of quality assurance, and access to Government subsidies, while recognising the time and supports required for childminders to learn about and prepare for registration.
The National Action Plan for Childminding distinguishes childminding which involves care in the childminder’s home from care that takes place in the child’s home, which may be carried out by a nanny, au pair or babysitter. This distinction is also reflected in the legal definition of a childminder set out in the primary legislation.
The employment relationship and the legal and regulatory context are different between childminders who work in the childminder’s home and someone who works in the child’s home (e.g. nannies and au pairs). A childminder working from the childminder’s own home is self-employed, whereas someone caring for a child in the child’s own home is regarded as an employee of the child’s parents. In addition, because they work in the parents’/child’s home rather than their own home, au pairs and nannies cannot be held responsible for the safety or suitability of that home for the purpose of early learning or childcare. Furthermore, the employment of someone in the child’s home may involve a combination of caring with other roles, e.g. cleaning or other domestic duties. This would require a different regulatory and funding approach, which has not yet been scoped.
The Department has committed to undertake a review of the initial implementation of the Childminding-specific Regulations during the transition period. The review will commence in 2026 and will include consultation with childminders and other stakeholders.