The National Action Plan for Childminding 2021-2028 set out a pathway for the extension of regulation to childminders. As a result of the commencement of the relevant parts of the Child Care (Amendment) Act 2024 and the Childminding Services Regulations, which came into effect on 30 September 2024, childminders are now able to apply to register with Tusla.
The childminding-specific Regulations are designed to be proportionate and appropriate to the home and family setting in which childminders work. The regulations differ substantially from regulations for centre-based childcare.
Childminders were consulted on and involved in all aspects of the development of the regulations. Both the Steering Group for the National Action Plan for Childminding, and the Advisory Groups that have supported it, have included childminders, as well as organisations representing childminders.
On 8 February 2024, a 12-week public consultation on draft childminding regulations was launched. The draft regulations were published along with a draft guidance document and an easy read summary. In response to the public consultation, which ended 2 May 2024, a number of key changes were made to the draft regulations.
The full Report on the Draft Childminding Regulations Consultation has been published online (at assets.gov.ie/static/documents/report-on-the-draft-childminding-regulations-consultation.pdf). In addition, a detailed Response to the Consultation Findings has also been published online (at assets.gov.ie/static/documents/response-to-the-consultation-findings.pdf).
In addition to the public consultation, an independent external review of the draft regulations was carried out by Dr Bill Maxwell, the former CEO of Education Scotland, former Chief Inspector in both Scotland and Wales, and OECD consultant, which confirmed that the approach was proportionate for childminding in Ireland. The external review was commissioned in 2024 by the then Minister for Children, Equality, Disability, Integration and Youth to provide an independent, external assessment of the Draft Childminding Regulations before their finalisation. The Independent External Review of the Draft Childminding Regulations has been published online (at assets.gov.ie/static/documents/9cefb5a5/Dr._Bill_Maxwell_-_Feedback_on_Draft_Childminding_Regulations_for_Ireland_June_2024.pdf).
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 Department has committed to undertake a review of the initial implementation of the Childminding-specific Regulations during the transition period. The review will include consultation with childminders and other stakeholders. The review will provide an important opportunity to learn lessons from initial experiences with the regulations. In addition to hearing from childminders who have not yet registered, it is important that the review adequately captures, and benefits from, the experiences of those who have registered and been through the registration process and who have operated within the new Regulations. The review will commence in 2026.