The majority of the Child Care Act 1991 (Early Years Services) Regulations 2016 came into effect 30th June 2016.
The Regulations provide that each employee working directly with children attending the service must hold at least a major award in Early Childhood Care and Education at Level 5 on the National Qualifications Framework or a qualification deemed by the Minister to be equivalent. The Regulations clearly state that the service provider must ensure that their staff meet this standard.
This section of the regulations took effect on 30th June 2016 for services registering after that date and for all other services it will take effect on 31st December 2016.
My Department introduced this regulatory change following many years consultation with the sector. Mindful of the challenge that it would present to the sector, my Department introduced the following supportive measures:
- Learner Funds to provide sector workers with an opportunity to upskill to a Level 5 qualification.
- The Regulations provide an exemption for certain existing childcare staff who intend to retire from the sector in the near future, do not hold the minimum qualification and who do not wish to undertake a course of training at this stage. The option to apply for an exemption, which was first publicised through the City/County Childcare Committees in 2014 applies up to September 2021. The Regulations stipulate that persons seeking to avail of this exemption must, by 30th June 2016, have signed the necessary declaration and be in possession of a letter from the Minister confirming that the exemption had been granted.
- A qualifications assessment procedure, put in place by DCYA in the latter half of 2015, allows for applications to be made for individual qualifications assessment. This is conducted by DCYA in consultation with the Early Years Policy Unit of the Department of Education and Skills, and is available to anyone who applies. Each application is dealt with on a case by case basis.
Staff who have completed a relevant award at NFQ Level 5 or above by the 31st of December, or who were granted an exemption before the 30th June 2016, will meet the regulatory standard. Staff who are currently undergoing education to achieve a Level 5 award will not meet the regulatory standard until that award has been achieved.
