Tusla - Ireland's Child & Family Agency

Relevant Services

Schedule 1 of the Children First Act 2015 provides a list of the types of work or activity defined as Relevant Services.

Schedule 1 of the Children First Act 2015 defines Relevant Services as:

1. Any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, children in—

(a) an establishment which provides early years services within the meaning of Part VIIA of the Child Care Act 1991,
(b) a school or centre of education, both within the meaning of the Education Act 1998,
(c) any hospital, hospice, health care centre or other centre which receives,treats or otherwise provides physical or mental health services to children,
(d) a designated centre within the meaning of section 2 of the Health Act 2007, in so far as it relates to an institution at which residential services are provided in accordance with the Child Care Act 1991 or to children with disabilities in relation to their disabilities,
(e) a special care unit provided and maintained in accordance with section 23K of the Child Care Act 1991,
(f) a children detention school within the meaning of section 3 of the Children Act 2001,
(g) a reception or accommodation centre which provides residential accommodation services to applicants for asylum under contract to the Department of Justice and Equality where children may be accommodated, or
(h) a centre which provides residential accommodation services to victims of domestic violence where children may be accommodated.

2. Any work or activity which consists of the inspection of a service provided to a child under the Child Care Act 1991, the Education Act 1998, the Children Act 2001 or the Health Act 2007.
3. Any work or activity which consists of the inspection, examination or investigation by the Office of the Ombudsman for Children under the Ombudsman for Children Act 2002.
4. Any work or activity which consists of treatment (including assessment which may lead to treatment), therapy or counselling provided to a child.
5. Any work or activity which consists of the provision of—

(a) educational, research, training, cultural, recreational, leisure, social or physical activities to children,
(b) care or supervision of children, or
(c) formal consultation with, or formal participation by, a child in respect of matters that affect his or her life, whether or not for commercial or any other consideration.

6. Any work or activity which consists of the provision of advice or guidance services (including by means of electronic interactive communications), a necessary and regular part of which consists, mainly, of the person having access to, or contact with, children.
7. Any work or activity as a minister or priest or any other person engaged in the advancement of any religious beliefs which would or could bring that minister, priest or other person, as the case may be, into contact with a child.
8. Any work or activity as a driver of, or as an assistant to the driver, or as a conductor, or as a supervisor of children using a vehicle which is being hired or used only for the purpose of conveying children who are unaccompanied by a parent or guardian.
9. Any work or activity which is carried out by a member of An Garda Síochána, a necessary and regular part of which consists mainly of the person having access to, or contact with, children.

A provider of a relevant service is any organisation where more than one person works with children in a voluntary or paid capacity. A provider of a relevant service is defined under the Children First Act 2015 (No. 36 of 2015) as a person:

(a) who provides a relevant service, and

(b) who, in respect of the provision of such relevant service—

  1. employs (whether under contract of employment or otherwise) one or more than one other person to undertake any work or activity that constitutes a relevant service,
  2. enters into a contract for services with one or more than one other person for the provision by the person of a relevant service, or
  3. permits one or more than one other person (whether or not for commercial or other consideration and whether or not as part of a course of education or training, including an internship scheme) to undertake any work or activity, on behalf of the person, that constitutes a relevant service.

Key responsibilities of organisations classed as providers of relevant services under the Children First Act 2015 are required to,

  • Keep children safe from harm while they are using the service.
  • Carry out a risk assessment to identify whether a child or young person could be harmed while availing of the service.
  • Develop a Child Safeguarding Statement that outlines the policies and procedures which are in place to manage the risks that have been identified.
  • Appoint a relevant person to be the first point of contact in respect of the organisation’s Child Safeguarding Statement.

All providers of relevant services are required to have a Child Safeguarding Statement in place.

 

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