Pre-school services are governed by Part VII of the Child Care Act 1991 and by the Child Care (Pre-School Services) (No 2) Regulations 2006.
The adult/child ratios recommended for childcare services providing full day care, part-time care and sessional care are set out in the Explanatory Guide to the 2006 Regulations. The ratios recommended for children availing of sessional pre-school services in the age category 2.5 years to 6 years is 1 adult to every 10 children. From September 2012, the recommended adult/child ratio for sessional services delivering the ECCE programme was increased to 1 adult to every 11 children, and this ratio, together with the ratios for the other types of pre-school services, will be set out in the revised Child Care Regulations which I hope to publish shortly. The responsibilities of a person carrying on a pre-school are set out the existing Regulations and include a requirement that the well-being of children is facilitated in the daily life of the service. There is no provision under the Pre-School Regulations for the non-enrolment of children in the circumstances outlined by the Deputy.
The age range for eligibility for the current ECCE programme is 3 years and 2 months to 4 years and 7 months at September in the relevant year. In the region of 67,000 have enrolled for the free pre-school provision each year since 2011 and many of these children at the date of enrolment would have been aged 3 years 2 months. The reduction of the lower age limit to 3 years, and the expanded age category for eligibility under the new measure being introduced, are not expected to present any significant difficulties to pre-school providers participating in the programme.