Legislation & Inspection Developments in Early Years Fiona McDonnell National Manager Early Years Inspectorate 16 th April 2016

Content Tusla's Vision & Mission Regulatory Role Reform Programme -Research -Legislation -Organisation Chart -Process for Registration -Quality & Regulatory Framework Data specific to Childminders Challenges Key Messages

Mission Statements Tusla Vision All Children are safe and achieving their full potential Tusla Mission With the child at the centre, our mission is to design and deliver supportive, coordinated and evidence informed services that strive to ensure positive outcomes for children

Tusla as a Regulator Tusla is the Independent Statutory Regulator of Early Years Services Tusla is the largest Regulator of children’s services in Ireland Our role is to promote the quality, safety and appropriate care of children by robust Inspection of the sector

Research 2014 Analysis of 3,007 Inspection reports carried out over an 18 month period Two Published Reports- Quality of Provision Process of Inspection

Research Finding Impact of the vast number of Regulations, sub clauses & sub sections Clearer communications of Inspection outcomes & supporting evidence to Provider Tusla’s Response Target services not inspected in 3 or more years Thematic/ Focused approach Improved inspection report format Increased evidence to support findings non compliance Balanced reporting Improved communication with providers Developed website Committed to being more visible and transparent

Process of Inspection Research Findings More consistent interpretation of thresholds of practices to meet the Regulations More inclusion of the voice of the parents, children & providers Tusla’s Response Established a Quality Improvement Office Established a Consistency Group Threshold project across the Inspectorate 2015 Editorial function Consultative Forum established Parent questionnaire to be introduced Recent questionnaire to the Inspectorate and 4,500 services Providers right to reply

Process of Inspection Research Findings Development of more enhanced data collection & inspection practice research Enhanced professional development of Inspection Tusla’s Response Established a register of services Data collection on quarterly basis Publish an annual report with both quantitative & qualitative findings Comprehensive Induction programme Mentoring and supervision of staff CPD

Process of Inspection cont… Research Findings Development of an ICT system Tusla’s Response Phase I ICT Development Registration of new Services on line ICT training for staff

Quality of Provision Research Findings Most services were found compliant with most Regulation 74% Areas of highest non compliance – Management & Staffing, Safety & Records Higher level of non compliance in drop-in services Low level of compliance on follow up Tusla’s Response Annual report Focused Inspection Risk rating Intelligence led More frequent Inspections Action plans reviewed & follow up inspection scheduled. Service escalated to management as necessary

Best Practice Models of Regulation 1.Statutory – Underpinned by legislation and enforcement is set out by statute. 2.Pre-Approval Inspection- services are to be first deemed fit for purpose to be allowed operate then inspected on a continuous basis to determine ongoing adherence to regulations. 3.Direct enforcement by the regulator which is immediate as opposed to lengthy and costly ineffective indirect enforcement through the courts. 4.These principals informed Tusla’s regulation reform programme and underpin the new legislative registration model

Legislation

Organisational Chart Director Quality Assurance National Manager Early Years Services Registration Manager Registration Officers Complaints & Review Officers Admin Support 4 IRM’s + 1 x IRM Inspectors + 8 Additional Inspectors Quality Improvement Manager Quality Improvement Officers ICT Officer Early Years Specialist

Process of Registration for new Childminders Step 1: Revised Regulations published & commenced Step 2: Complete registration form – online Step 3: New services have an initial registration inspection visit Step 4: Registration Panel decision Step 5: 3 months later comprehensive Inspection Step 6: Registration Panel decision to continue registration

Process of Registration for existing Childminders Step 1: Re-register existing childminder by administrative process plus fee collection Step 2: Revised Regulations published & commenced Step 3: Complete registration form, initially it will be manual Step 4: Comprehensive inspection will be announced Step 5: Registration Panel decision Step 6: Added to the Register

Quality and Regulation Framework What is it? – Guidance document for services regarding the requirements of the provider to meet the expectations of the regulation – Informed by national and international best practices & research under each relevant themed section of the regulation – It defines what the Inspector shall examine during the course of Inspection

Quality and Regulation Framework cont… The rationale for each regulation is stated Evidence based requirements for compliance with the regulation is provided Transparent performance rating framework – Excellent, Good, Fair, Poor Risk Rate the fair & poor non compliances so the Inspectorates response is proportionate

Percentages of Service Types 2015 Figures Childminder: 4% Sessional: 55% Part Time: 6% Full Day Care: 34% Drop In: 1%

Number of Service Types in Each Region 2015 Figures DML Childminder: 18 DNE Childminder: 27 SOUTH Childminder: 28 WEST Childminder: 83 Total= 156

New Notifications of Each Service Type by Region for 2015 DML Childminder: 2 DNE Childminder: 1 SOUTH Childminder: 3 WEST Childminder: 11 Total: 26

Challenges for Childminders We are aware that there are childminders minding more than 3 children who come under the remit of the new legislation and this will need to be addressed Tusla & the DCYA will have to consider how best to ensure that all childminders who come under the remit of the regulations are registered Childminders who may additionally own a sessional service will be required to register both separately Currently after school child care is outside the remit of the regulations however if after school children are impacting on the care of the pre school child it will be taken into consideration for registration purposes.

Key Messages Existing Childminders must respond when Tusla contact them regarding re-registering their service in If they do not register they cannot operate once the pending regulations commence. Childminders are assumed to be compliant with all regulations at all times If the service is on the public register it will provide reassurance to parents that the service is deemed suitable to operate The registration process is transparent and open with no surprises, engage with us. The safety care & welfare of children is at the heart of the registration process

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