The Law & Childminding

Various laws and regulations affect childcare, as you can see from the selected list below.  In this section, you can find out about how these affect childminding in the home.  Here is the definition of childminding in the Child Care (Pre-school Services) Regulations 2006:

“Childminding service” means a pre-school service, which may include an overnight service, offered by a person who single-handedly takes care of pre-school children, including the childminder’s own children, in the childminder’s home for a total of more than 2 hours per day, except where the exemptions provided in Section 58 of the Child Care Act 1991 apply.

It’s important to understand that childminding may or may not come under the childcare regulations, depending on the number of children in the service.

If you mind 4-5 unrelated preschool children under the age of 6, then the service comes under the scope of the regulations. You need to make Statutory Notification to the local HSE preschool inspector, and the service will be subject to unannounced inspection.

If you mind 3 or fewer unrelated preschool children, or care for school age children, then your service is exempt from regulation. You may make a Voluntary Notification if you would like to receive advice and support.

Various other Acts also affect the children in our care including: Thirty-First Amendment of the Constitution (Children) Bill 2012, Children’s Act (2001), Adoption Acts (1952 -1998) Ombudsman for Children Act 2002.

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