The regulation of early years services is dealt with in Part VIIA of the Child Care Act 1991. Section 58A, defines:
• A 'pre-school child' as a child who has not attained the age of six years and who is not attending a recognised school.
• A 'school-age child' as a child under the age of 15, attending a school-age service and enrolled in a school providing primary or post primary education.
A 'school age service' is defined as one which:
• caters for children under the age of 15 years enrolled in a school providing primary or post-primary education,
• provides a range of activities that are developmental, educational and recreational in manner, which take place outside of school hours, the primary purpose of which is to care for children where their parents are unavailable, and
• the basis for access to which is made publicly known to the parents and guardians of the children referred to.
The definition of a school age service also excludes a number of services including those solely providing activities relating to the arts, youth work, competitive or recreational sport, tuition or religious teaching.
As a result of this definition in the primary legislation, in order to attend a school-age childcare service a child must be under the age of 15 and enrolled in a school providing primary or post-primary education. There has been no change to this definition since amendments were introduced through the Childcare Support Act 2018.
Pre-school services operate under different regulations from those that apply to school-age services. The different regulations that govern services for pre-school children safeguard appropriate care ratios and ensure that staffing levels meet the developmental needs of children in the particular service type.
Tusla, which is the independent statutory regulator of the sector, issued a Regulatory Notice in February 2025 (EYI Regulatory Notice 01/2025) which clarified that school-age services may accommodate a 'settling-in' period prior to school commencement. This period is limited to two weeks (10 working days) before the start of school. Tusla have indicated this was done to safeguard appropriate care ratios and ensure that staffing levels meet the developmental needs of children in pre-school settings. It also prevents unregistered pre-school services from inappropriately operating as school-age services.
The 10 working days are not required to be taken immediately prior to the child enrolling in school and can be taken during the summer months in advance of the child commencing school to help children settle into their new surroundings.
The Department has commenced the process of drafting revised regulations for school-age childcare services, building on the initial 2018 registration regulations. As part of this process, the Department is also reviewing the legislation underpinning the regulation of school-age childcare. A public consultation was held in November 2025 on the regulation of school-age services. The findings from the consultation will inform the drafting of revised regulations.
